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    The revised “Detailed Rules for the Implementation of the Regulations of the People’s Republic of China on the Administration of Controlled Chemicals” have been promulgated.


    Release Date:

    2018-07-04

    Chapter V: Data Reporting and Storage Article 34 The Ministry of Industry and Information Technology shall organize the establishment of a monitoring chemicals data reporting system. Any entity engaged in the production, use, or import and export of monitored chemicals within the territory of the People’s Republic of China shall, through the data reporting system, regularly submit the “National Statistical Report on Monitored Chemicals” and cooperate with the competent industrial and information technology authorities to fulfill the national declaration obligations under the Chemical Weapons Convention. Article 35 Entities producing or using Category I monitored chemicals shall submit the “National Statistical Report on Monitored Chemicals” to the Ministry of Industry and Information Technology. Article 36 Categories II, III, and IV…

    Chapter 5: Data Reporting and Storage

    Article 34  The Ministry of Industry and Information Technology has organized the development of a data reporting system for monitored chemicals.

     

    Entities engaged in the production, use, or import and export of scheduled chemicals within the territory of the People’s Republic of China shall, through the data reporting system, regularly submit the “National Statistical Report on Scheduled Chemicals” and cooperate with the competent authorities for industry and information technology to fulfill the national declaration obligations under the Chemical Weapons Convention.

     

    Article 35  Entities that produce or use Category I monitored chemicals shall submit the “National Statistical Report on Monitored Chemicals” to the Ministry of Industry and Information Technology.

     

    Article 36  Data reporting for Category II, Category III, and Category IV monitored chemicals shall be managed on a local basis and submitted through a tiered review process. The industrial and information technology authorities of provinces, autonomous regions, and municipalities directly under the central government shall organize, compile, and verify the reported data, and submit it to the Ministry of Industry and Information Technology within the prescribed time limit.

     

    Secondary units of entities that produce or use controlled chemicals across provinces, autonomous regions, or municipalities directly under the central government shall submit the “National Statistical Report on Controlled Chemicals” at the location of their plant site.

     

    Article 37  Entities that produce Category II or Category III monitored chemicals, or that use Category II monitored chemicals, shall submit the “National Statistical Report on Monitored Chemicals” on time, reflecting both the annual declaration and the projected declaration. Following submission of the projected‑declaration statistical report, if the anticipated production or usage activities exceed the originally declared plan, a “National Statistical Report on Monitored Chemicals” for the change of declaration must be filed no later than 20 working days prior to the commencement of such activities.

     

    Those who produce or use Category II controlled chemicals shall maintain appropriate records related to the production and use of such chemicals, with a retention period of no less than three years. Those who produce Category III controlled chemicals shall maintain appropriate production records pertaining to those chemicals, with a retention period of no less than one year. Upon ceasing production and business operations, they shall transfer all records related to the production and use of controlled chemicals to the local industrial and information technology authorities at or above the prefectural level, or to the department designated by the local people’s government for the administration of controlled chemicals, for archival purposes.

     

    Article 38  Entities engaged in the production of Category IV monitored chemicals shall, on a timely basis, submit the “National Statistical Report on Monitored Chemicals” as required by the annual reporting schedule.

     

    Producers of Category IV controlled chemicals shall properly maintain production records related to such chemicals for a period of no less than one year. Upon ceasing production and business operations, they shall transfer the relevant production records to the local industrial and information technology authorities at or above the prefectural level, or to the monitoring‑chemicals management department designated by the local people’s government, for archival purposes.

     

    Article 39  Designated entities engaged in the import and export of Category I monitored chemicals, as well as Category II and Category III monitored chemicals, their production technologies, and specialized equipment, shall, on a timely basis, submit annual import and export data for Category I, Category II, and Category III monitored chemicals to the Ministry of Industry and Information Technology, and shall properly maintain records related to such import and export activities for no less than three years. Upon termination of import and export activities, they shall transfer all relevant records to the Ministry of Industry and Information Technology for archival purposes.

     

    Article 40  Entities engaged in the production, use, or import and export of monitored chemicals shall, in accordance with the reporting instructions and requirements set forth in the “National Statistical Report on Monitored Chemicals,” submit timely and accurate declarations. They shall not refuse to report, make false reports, omit reports, or conceal information, nor may they unilaterally alter the scope or content of their declarations.

     

    Personnel involved in the submission of data on monitored chemicals shall implement appropriate safeguards to protect such data and maintain the confidentiality of commercial and technical information for the submitting entities.

     

    Article 41  Anyone who produces, operates, or uses Category II monitored chemicals, or who produces Category III monitored chemicals, shall, upon ceasing such production and business activities, formulate a disposal plan for the monitoring‑chemical production facilities, inventories, and related data. The disposal plan shall be submitted to the industrial and information technology authority of the province, autonomous region, or municipality directly under the central government where the entity is located.

     

    Chapter Six: International Inspections and Domestic Supervision and Inspection

    Article 42  Entities that produce monitored chemicals or use Category 2 monitored chemicals, and whose monitored chemicals reach or exceed the verification thresholds stipulated in the Chemical Weapons Convention, shall fulfill their obligation to accept international inspections and make all necessary preparations for such inspections by the Organization for the Prohibition of Chemical Weapons.

     

    The obligations to accept international inspections include:

     

    (1) In accordance with the Chemical Weapons Convention, provide the data and information required for international inspections and promptly respond to inquiries from inspection teams;

     

    (2) Ensure that the inspection team can smoothly inspect facilities or areas within the scope of its mandate, and cooperate with the team in conducting sampling and analysis;

     

    (3) Provide the inspection team and accompanying personnel with the necessary workspaces, communication facilities, and other essential working conditions;

     

    (4) Other obligations stipulated by the Chemical Weapons Convention.

     

    Article 43  The competent department of industry and information technology at the location of facilities handling monitored chemicals subject to international inspection, or the monitoring‑chemicals management authority designated by the local people’s government, shall organize and coordinate the relevant departments within its administrative jurisdiction to provide necessary support in areas such as transportation, safety, and public health, thereby ensuring the smooth conduct of the international inspection.

     

    Article 44  The industrial and information technology authorities at all levels, or the monitoring‑chemicals management departments designated by the local people’s governments, shall, in accordance with the law, conduct supervision and inspection of the relevant activities involving monitored chemicals undertaken by entities engaged in the production, operation, use, import, and export of such chemicals.

     

    Article 45  Units subject to supervision and inspection shall cooperate with and accept such oversight; they may not refuse or obstruct inspectors in the lawful performance of their duties, nor may they conceal or refuse to provide relevant information.

     

    Chapter VII Legal Liability

    Article 46  Any entity that, in violation of Articles 5 and 9 of these Detailed Rules, produces Category I, Category II, or Category III monitored chemicals, or specific organic chemicals containing phosphorus, sulfur, or fluorine among Category IV monitored chemicals, without obtaining the requisite approval, shall be subject to penalties in accordance with Article 21 of the Regulations of the People’s Republic of China on the Administration of Monitored Chemicals.

     

    Article 47  Anyone who, in violation of Paragraph 1 of Article 6 of these Detailed Rules, constructs, expands, or renovates facilities for the production of Category II, Category III, or specific organic chemicals containing phosphorus, sulfur, or fluorine that are subject to control under Category IV, without prior approval, shall be ordered by the industrial and information technology authorities of the province, autonomous region, or municipality directly under the central government to make corrections within a specified time limit, suspend construction, and dismantle the relevant facilities; a fine of no less than RMB 10,000 but no more than RMB 30,000 may also be imposed.

     

    Article 48  Anyone who alters, resells, leases, lends, or otherwise transfers a special production license, an operating license, or a usage license shall be ordered by the industrial and information technology authority of the province, autonomous region, or municipality directly under the central government where the violation occurred to make corrections within a specified time limit, and may also be subject to a fine of no more than RMB 30,000.

     

    Article 49  Where the special license for the production, the business license, or the use license of monitored chemicals has expired and the holder continues to produce, trade, or use such chemicals without having applied for an extension, penalties shall be imposed in accordance with Articles 21, 22, and 23 of the Regulations of the People’s Republic of China on the Administration of Monitored Chemicals.

     

    Article 50  Anyone who violates the provisions of Articles 16, 21, 22, and 27 of these Detailed Rules by illegally selling or purchasing monitored chemicals, or by failing to maintain the required records, shall be ordered by the competent department of industry and information technology of the province, autonomous region, or municipality directly under the central government where the violation occurred to make corrections within a specified time limit and shall receive a warning; a fine of up to RMB 30,000 may also be imposed.

     

    In violation of the provisions of Article 37, Paragraph 2, and Article 38, Paragraph 2 of these Detailed Rules, failure to properly preserve or transfer the relevant records shall be subject to an order from the local industrial and information technology authority at or above the prefectural level, or from the monitoring chemical management department designated by the local people’s government, to make corrections within a specified time limit, together with a warning; a fine of up to RMB 30,000 may also be imposed.

     

    Anyone who, in violation of Article 39 of these Detailed Rules, fails to properly preserve or transfer the relevant records shall be ordered by the Ministry of Industry and Information Technology to make corrections within a specified time limit and shall receive a warning; a fine of no more than RMB 30,000 may also be imposed.

     

    Article 51  Anyone who, in violation of Article 17 of these Detailed Rules, engages in the production or use of Category II monitored chemicals without approval shall be subject to penalties in accordance with Articles 22 and 23 of the Regulations of the People’s Republic of China on the Administration of Monitored Chemicals.

     

    Article 52  Anyone who obtains approval documents for the import or export of monitored chemicals by means of false contracts, forged certificates of guarantee, or other fraudulent documents shall be ordered by the Ministry of Industry and Information Technology to make corrections within a specified time limit and shall receive a warning; a fine of no less than RMB 10,000 but no more than RMB 30,000 may also be imposed. Until the required rectifications have been duly completed, the entity shall be prohibited from applying for the import or export of monitored chemicals.

     

    Article 53  Anyone who, in violation of Articles 35, 37 through 39 of these Detailed Rules, submits monitoring‑chemical data, or who refuses to submit such data, submits false, incomplete, or concealed information, shall be subject to penalties in accordance with Article 24 of the Regulations of the People’s Republic of China on the Administration of Monitoring Chemicals.

     

    Article 54  Any entity engaged in the production or use of monitored chemicals that refuses to fulfill its obligation to undergo international inspections, fails to cooperate with such inspections, or obstructs their conduct shall be ordered by the competent department of industry and information technology of the relevant province, autonomous region, or municipality directly under the central government to make corrections within a specified time limit and shall receive a warning; a fine of up to RMB 30,000 may also be imposed.

     

    Article 55  Where administrative penalties have been imposed for violations of the Regulations of the People’s Republic of China on the Administration of Controlled Chemicals and these Detailed Rules, the competent industrial and information technology authorities at all levels, or the controlled chemicals management departments designated by the local people’s governments, shall publicly disclose such information in accordance with the relevant laws and administrative regulations.

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