Announcement of the State Administration for Market Regulation and the CNCA on the Reform and Adjustment of the Compulsory Product Certification Catalogue and the Implementation Methods

7May 2nd,The Ministry of Industry and Information Technology (MIIT) has published the revised<Regulations of the People's Republic of China on the Administration of Controlled Chemicals>Detailed Implementation Rules (Order No. 48 of the Ministry of Industry and Information Technology) (full text attached)。In order to better understand and implement the Rules,The Department of Policies and Regulations of the Ministry of Industry and Information Technology interpreted the Detailed Rules。

《<Regulations of the People's Republic of China on the Administration of Controlled Chemicals>The Implementation Rules have been reviewed and adopted by the Ministry of Industry and Information Technology at the 3rd ministerial meeting on June 20, 2018,It is hereby announced,It will come into force on January 1, 2019。On March 10, 1997, the former Ministry of Chemical Industry promulgated the<Regulations of the People's Republic of China on the Administration of Controlled Chemicals>The Detailed Rules for the Implementation (Decree No. 12 of the former Ministry of Chemical Industry) shall be repealed at the same time。

部长 苗圩

2018July 2

主要修订了以下内容

First, the conditions for relevant administrative licenses have been improved、procedures, etc。The "Detailed Rules" are based on the requirements of the Administrative Licensing Law and the State Council's reform of "delegating power, delegating power, delegating power, and providing services".,On the basis of the original Rules,Further optimized and clarified the "second、Phosphorus is present in Class III and Class IV controlled chemicals、sulfur、Special Authorization for the Production of Specific Organic Chemicals for Fluorine"、"Class II Controlled Chemicals Business License"、The implementation entity of the "License for the Use of Class II Controlled Chemicals" and other relevant administrative licensing matters、condition、procedure、time limits, etc。

The second is to refine the data declaration system for controlled chemicals。In accordance with the Convention's requirement for member countries to declare their activities and data related to the chemicals under control,The Detailed Rules improve the data declaration system for controlled chemicals。meantime,A second category has been added、Category III、The fourth category is the system of retention requirements and retention period of records related to controlled chemicals,and stipulate the termination of production and business activities,The relevant records shall be transferred to the competent local authorities for archiving。

Third, the relevant system of international inspection has been added。The Convention provides detailed provisions for the international inspection regime for the control of chemicals。The Rules are based on the relevant requirements of the Convention,The definition of "international inspection" has been added、The scope of the enterprise subject to international inspection and related obligations,It stipulates that the local authorities shall provide guarantees for international inspections, such as transportation, etc。

Fourth, the relevant management system of the second category of controlled chemicals has been refined。The Detailed Rules improve the producers of the second category of controlled chemicals、user、The seller is in production、use、sale、The relevant systems that should be complied with in the process of changing production and stopping production,For example, "enterprises that produce Class II controlled chemicals,It is not allowed to obtain the business license of the second class of controlled chemicals、Units or individuals using the license certificate sell Class II controlled chemicals", etc。

Fifth, set up relevant systems for benefiting enterprises and facilitating the people。The reporting of monitoring chemical data involves many companies that need to submit relevant data,In order to better reflect the spirit of benefiting enterprises and facilitating the people,The Detailed Rules are based on current practice:The Ministry of Industry and Information Technology organizes the construction of a monitoring chemical data declaration system,Relevant enterprises regularly fill in the "National Statistical Report of Controlled Chemicals" through the data declaration system。

Sixth, the storage of controlled chemicals has been deleted、provisions on transportation, etc。The original Rules provided for the storage and transport of controlled chemicals、Packaging and logos、The security and storage system is specified。In view of the fact that in practice, the above-mentioned links are managed by other departments in accordance with the relevant systems such as hazardous chemicals,The Rules no longer provide for such a system。