Article 56 　For the purposes of these Detailed Rules, “controlled chemicals” refer to the following four categories of chemicals:

Category I: Chemicals that may be used as chemical weapons;

Category II: Chemicals that may be used as precursors for the production of chemical weapons;

Category III: Chemicals that may be used as primary raw materials for the production of chemical weapons;

Category IV: Specific organic chemicals, excluding explosives and pure hydrocarbons.

Controlled chemicals include both their pure forms and industrial-grade products at various concentrations, with classification governed by the “Catalogue of Various Types of Controlled Chemicals” and the “List of Newly Added Varieties Included in Category III of Controlled Chemicals.”

For the purposes of these Detailed Rules, “monitoring‑chemical production technology” refers to all technical methods used in the production of monitoring chemicals.

For the purposes of these Detailed Rules, “specialized equipment for monitored chemicals” refers to specialized apparatus—such as equipment for product synthesis, separation, purification, heat transfer, and automated control instruments—required in the production of monitored chemicals by means of various monitored‑chemical production technologies.

For the purposes of these Regulations, “international inspection” refers to on-site inspections conducted by the Organization for the Prohibition of Chemical Weapons, in accordance with the provisions of the Chemical Weapons Convention, of facilities in China related to scheduled chemicals, including initial inspections and routine inspections.

The verification threshold referred to in these Regulations means the minimum quantity of chemicals for which, pursuant to the Chemical Weapons Convention, an obligation to accept international inspections applies.

Article 57 　When the concentrations of monitored chemicals listed in the “Catalogue of Various Monitored Chemicals” and the “List of Newly Added Varieties Included in Category III Monitored Chemicals” fall below specified threshold levels, data reporting and import/export licensing may be exempted. The relevant concentration thresholds shall be established and adjusted by the Ministry of Industry and Information Technology in accordance with actual circumstances.

Article 58 　When the Ministry of Industry and Information Technology, together with the industrial and information technology authorities of provinces, autonomous regions, and municipalities directly under the central government, make administrative licensing decisions that, in accordance with law, require on-site inspections, verifications, or evaluations, the time required for such procedures shall not be counted within the time limits for licensing prescribed in these Detailed Rules; however, the applicant shall be notified in writing of the duration of such procedures.

Article 59 　The industrial and information technology authorities of each province, autonomous region, and directly administered municipality may, in light of local conditions, formulate implementation measures for the management of monitored chemicals within their respective administrative areas and submit such measures to the Ministry of Industry and Information Technology upon promulgation.

Article 60 　The formats of administrative licensing forms stipulated in these Detailed Rules shall be uniformly prepared and promulgated by the Ministry of Industry and Information Technology, and may be adjusted as necessary.

Article 61 These Detailed Rules shall come into force on January 1, 2019. The “Detailed Rules for the Implementation of the Regulations of the People’s Republic of China on the Administration of Controlled Chemicals,” promulgated on March 10, 1997 (formerly Ministry of Chemical Industry Order No. 12), shall be repealed concurrently.

Interpretation of the Implementing Rules for the Regulations of the People’s Republic of China on the Administration of Controlled Chemicals

On July 2, the Ministry of Industry and Information Technology promulgated the revised “Detailed Rules for the Implementation of the Regulations of the People’s Republic of China on the Administration of Controlled Chemicals” (Order No. 48 of the Ministry of Industry and Information Technology). To facilitate a better understanding and effective implementation of these Rules, an official from the Policy and Legislation Department of the Ministry of Industry and Information Technology provided an interpretation thereof.

Answer: Amending the Detailed Rules is an objective necessity for fulfilling the Convention. Since the implementation of the Detailed Rules in 1997, they have played a crucial role in regulating the production, trade, use, and import‑export activities of scheduled chemicals, as well as in guiding enterprises to fulfill their obligations under the Convention. In recent years, as compliance efforts have deepened—particularly with the global destruction of chemical weapons stockpiles drawing to a close—the Organization for the Prohibition of Chemical Weapons has gradually shifted its focus from chemical‑weapons destruction to the monitoring of industrial facilities, continuously strengthening oversight measures such as national declarations and international inspections. As the country subject to the largest number of inspections of industrial facilities, China needs to revise the Detailed Rules to better align with the evolving requirements of compliance, including national declarations and the acceptance of international inspections.

Amending the Detailed Rules is a practical necessity for implementing the “delegation, regulation, and service” reform and strengthening the management of controlled chemicals. The Detailed Rules cover nine administrative licensing matters, all of which have been approved by the State Council’s Institutional Reform Office. Among these, five are under the jurisdiction of our ministry, while four are designated by the central government to be implemented at the local level. In accordance with the State Council’s requirement that retained administrative approval items be subject to streamlined procedures that benefit businesses and facilitate public access, it is necessary to revise the Detailed Rules to further clarify the implementing authorities, eligibility criteria, procedures, and time limits for these administrative licensing matters, thereby optimizing the application process.

Answer: In accordance with the legislative procedures and the State Council’s requirements regarding the “delegation, regulation, and service” reform and other related initiatives, the following key activities were undertaken: First, Building on the lessons learned from regulatory practice, multiple focused discussions and deliberations were held on the key systems covered by the Detailed Rules. Second, Through surveys, symposiums, and public consultations, opinions were solicited from relevant departments and bureaus within the Ministry, as well as from enterprises, industry associations, and provincial-level departments responsible for industrial and information technology. Third is Opinions from the general public were solicited through the “China Government Legal Information Network” and our department’s official website. Fourth is Written consultations were conducted with the 15 member units of the Inter-Ministerial Joint Conference on Implementation, including the Ministry of Commerce and the General Administration of Customs.

On June 20, the third ministerial meeting of the Ministry of Industry and Information Technology reviewed and approved the revised Detailed Rules. On July 2, the Ministry issued Order No. 48, promulgating the Detailed Rules, which will take effect on January 1, 2019.

Answer: The following key revisions have been made:

First, the conditions and procedures for relevant administrative licenses have been refined. The Detailed Rules, in accordance with the Administrative Licensing Law and the State Council’s “delegation, regulation, and service” reform requirements, further refine and clarify, on the basis of the original rules, the provisions governing the implementing entities, conditions, procedures, and time limits for such administrative licensing matters as the special license for the production of specific organic chemicals containing phosphorus, sulfur, or fluorine among Category II and Category III monitored chemicals and Category IV monitored chemicals; the business license for Category II monitored chemicals; and the use license for Category II monitored chemicals.

Second, the system for reporting data on monitored chemicals has been refined. In accordance with the Convention’s requirement that Member States report activities and data related to monitored chemicals, the Detailed Rules have refined the system for submitting such reports. At the same time, they have introduced provisions mandating the retention of records pertaining to Category II, Category III, and Category IV monitored chemicals, specifying both the requirements for their preservation and the applicable retention periods. Furthermore, the rules stipulate that, upon cessation of production or business operations, all relevant records must be transferred to the local competent authority for archival purposes.

Third, relevant mechanisms for international inspections have been introduced. The Convention sets out detailed provisions for the international inspection regime governing scheduled chemicals. In accordance with the relevant requirements of the Convention, the Implementing Rules have added a definition of “international inspection,” specified the scope of enterprises subject to such inspections and their associated obligations, and stipulated that local competent authorities shall provide appropriate logistical and other support for international inspections.

Fourth, the relevant management systems for Category II controlled chemicals have been refined. The Detailed Rules have refined the relevant regulatory requirements that producers, users, and sellers of Category II controlled chemicals must comply with at each stage—production, use, sale, conversion, and suspension or cessation of production—such as the provision that “enterprises producing Category II controlled chemicals shall not sell such chemicals to any entity or individual that has not obtained a business license or a usage permit for Category II controlled chemicals.”

Fifth, establish systems that benefit businesses and facilitate public services. The reporting of data on monitored chemicals involves numerous enterprises that are required to submit relevant information. To better embody the principle of serving businesses and facilitating the public, the Detailed Rules stipulate, based on current practices, that the Ministry of Industry and Information Technology shall establish a data‑reporting system for monitored chemicals, and that relevant enterprises shall use this system to regularly complete and submit the “National Statistical Report on Monitored Chemicals.”

Sixth, the provisions concerning the storage and transportation of monitored chemicals have been deleted. The original Detailed Rules set forth specific provisions regarding the storage and transportation of monitored chemicals, as well as their packaging and labeling, safety measures, and custody. In view of the fact that, in practice, these aspects are governed by other authorities pursuant to relevant regulations on hazardous chemicals and related matters, the Detailed Rules no longer prescribe such provisions.