Regulations on the Management of the People's Republic of China Chemicals under Monitoring

Release time:

2019-09-06 10:42

(Proposed by Order No. 190 of the State Council of the People's Republic of China on December 27, 1995 and amended in accordance with the Decision of the State Council on Repealing and Amending Some Administrative Regulations on January 8, 2011)

Article 1 These Regulations are formulated in order to strengthen the management of controlled chemicals, ensure the personal safety of citizens and protect the environment.
Article 2 Those engaged in the production, operation and use of MCCs within the territory of the People's Republic of China must abide by these Regulations.
Article 3 The controlled chemicals referred to in these Regulations refer to the following types of chemicals:
Category I: Chemicals that can be used as chemical weapons;
Category II: Chemicals that can be used as precursors for the production of chemical weapons;
Category III: Chemicals that can be used as the main raw materials for the production of chemical weapons;
Category IV: Specific organic chemicals other than explosives and pure hydrocarbons.
The list of the various types of controlled chemicals in the preceding paragraph shall be proposed by the competent department of the chemical industry under the State Council and published after approval by the State Council.
Article 4 The competent department of the chemical industry under the State Council shall be responsible for the administration of controlled chemicals nationwide. The competent departments of the chemical industry of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the administration of controlled chemicals within their respective administrative areas.
Article 5 Those who produce, operate or use MCCs shall, in accordance with these Regulations and relevant national regulations, report to the competent department of the chemical industry under the State Council or the competent department of the chemical industry of the people's government of a province, autonomous region, or municipality directly under the Central Government for the production, operation or use of MCCs. Information, data and purpose of use are subject to inspection and supervision by the competent department of the chemical industry.
Article 6 The State shall strictly control the production of Category I MCCs.
Where the production of Category I MCCs is required for scientific research, medical treatment, drug manufacturing or protection purposes, it shall be reported to the competent department of chemical industry under the State Council for approval and produced in small facilities designated by the competent department of chemical industry under the State Council.
It is strictly prohibited to produce the first type of monitoring chemicals in facilities that have not been designated by the competent department of the chemical industry under the State Council.
Article 7 The State shall implement a special licensing system for the production of specific organic chemicals containing phosphorus, sulfur, and fluorine in the second and third categories of monitored chemicals and the fourth category of monitored chemicals; without special licenses, No unit or individual may produce. The special licensing measures shall be formulated by the competent department of the chemical industry under the State Council.
Article 8 New construction, expansion or reconstruction of facilities for the production of specific organic chemicals containing phosphorus, sulfur and fluorine in Class II and Class III MCCs and Class IV MCCs shall be submitted to the competent department of chemical industry of the people's government of the province, autonomous region or municipality directly under the Central Government where they are located, and the construction shall be started only after the competent department of chemical industry of the people's government of the province, autonomous region or municipality directly under the Central Government has examined and signed the opinions and submitted for approval; after the completion of the project, the competent department of the chemical industry of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located shall pass the inspection and acceptance, and report to the competent department of the chemical industry under the State Council for approval before it can be put into operation.
New construction, expansion or reconstruction of facilities for the production of specific organic chemicals that do not contain phosphorus, sulfur or fluorine in the fourth category of monitoring chemicals shall be filed with the competent department of chemical industry of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located before starting production.
Article 9 The monitoring chemicals shall be stored in a special chemical warehouse and managed by a special person. The storage conditions of controlled chemicals shall comply with the relevant provisions of the State.
Article 10 Units that store MCCs shall establish a strict inspection system and registration system for outgoing and incoming storage; when they are found to be lost or stolen, they shall immediately report to the local public security organ and the competent department of chemical industry of the people's government of the province, autonomous region or municipality directly under the Central Government; the competent department of chemical industry of the people's government of the province, autonomous region or municipality directly under the Central Government shall actively cooperate with the public security organ in investigation.
Article 11 The monitoring chemicals that have deteriorated or expired shall be disposed of in a timely manner. The treatment plan shall be submitted to the competent department of chemical industry of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located for approval before implementation.
Article 12 For the purpose of scientific research, medical treatment, drug manufacturing or protection, an application shall be submitted to the competent department of chemical industry under the State Council. After examination and approval by the competent department of chemical industry under the State Council, a contract shall be signed with the production unit designated by the competent department of chemical industry under the State Council with the approval document, and a copy of the contract shall be submitted to the competent department of chemical industry under the State Council for the record.
Article 13 If it is necessary to use the second type of controlled chemicals, an application shall be submitted to the competent department of chemical industry of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located. After examination and approval by the competent department of chemical industry of the people's government of the province, autonomous region or municipality directly under the Central Government, the approval document shall be presented.
Article 14 The competent department of the chemical industry under the State Council, in conjunction with the units designated by the competent department of foreign economic relations and trade under the State Council (hereinafter referred to as the designated units), may engage in the first category of MCCs and the second and third categories of MCCs and their production technologies, Import and export of special equipment.
If it is necessary to import or export the first category of monitored chemicals and the second and third categories of monitored chemicals and their production technology and special equipment, the designated unit shall be entrusted to import or export on behalf of the designated unit. Except for the designated unit, no unit or individual may engage in such import and export business.
Article 15 The State shall strictly control the import and export of Category I MCCs. The first category of monitoring chemicals shall not be imported for the purpose of scientific research, medical treatment, manufacturing of drugs or protection.
The designated unit entrusted to import Category I MCCs shall submit an application to the competent department of the chemical industry under the State Council and submit a description and certificate of the end use of the product; after the competent department of the chemical industry under the State Council has reviewed and signed the opinion, it shall be submitted to the State Council for review and approval. The designated unit shall apply to the competent foreign economic and trade department of the State Council for an import license on the basis of the approval document of the State Council.
Article 16 The designated unit that accepts the entrustment to import the second and third categories of monitoring chemicals and their production technology and special equipment shall apply to the competent department of chemical industry under the State Council and submit the imported chemicals, production technology or The description and certificate of the end use of the special equipment; after examination and approval by the competent department of chemical industry under the State Council, the designated unit shall apply to the competent department of foreign economic relations and trade under the State Council for an import license on the basis of the approval document of the competent department of the chemical industry under the State Council.
Article 17 A designated unit entrusted to export Category I MCCs shall apply to the competent department of chemical industry under the State Council and submit a guarantee issued by the government of the importing country or an agency entrusted by the government of the importing country that the imported chemicals are only used for scientific research, medical treatment, manufacturing drugs or protection purposes and not to re-export to a third country; after being examined and signed by the competent department of chemical industry under the State Council, it shall be submitted to the State Council for examination and approval. The designated unit shall apply to the competent foreign economic and trade department of the State Council for an export license on the basis of the approval document of the State Council.
Article 18 The designated unit entrusted to export the second and third categories of MCCs and their production technologies and special equipment shall apply to the competent department of chemical industry under the State Council and submit a guarantee issued by the government of the importing country or the government-entrusted agency that the imported chemicals, production technologies and special equipment will not be used in the production of chemical weapons and will not be re-exported to a third country. After examination and approval by the competent department of chemical industry under the State Council, the designated unit shall apply to the competent department of foreign economic relations and trade under the State Council for an export license on the basis of the approval document of the competent department of the chemical industry under the State Council.
Article 19 The use of controlled chemicals shall be consistent with the declared purpose of use; if the purpose of use needs to be changed, it shall be reported to the original examination and approval authority for approval.
Article 20 Those who use the first and second types of MCCs shall, in accordance with relevant national regulations, regularly report the quantity of such MCCs consumed and the use of such MCCs to the chemical industry authorities of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government where they are located. The quantity of final products produced by monitoring chemicals.
Article 21 whoever, in violation of the provisions of these regulations, produces controlled chemicals shall be ordered by the competent department of chemical industry of the people's government of a province, autonomous region or municipality directly under the Central Government to make corrections within a time limit; if it fails to make corrections within the time limit, it may be fined not more than 200000 yuan; if the circumstances are serious, it may be submitted to the people's government of the province, autonomous region or municipality directly under the Central Government to order to suspend production for rectification.
Article 22 Anyone who violates the provisions of these Regulations and uses controlled chemicals shall be ordered by the chemical industry department of the people's government of the province, autonomous region, or municipality directly under the Central Government to make corrections within a time limit; if the correction is not made within the time limit, a fine of less than 50000 yuan may be imposed.
Article 23 Anyone who, in violation of the provisions of these Regulations, deals in controlled chemicals shall be confiscated by the competent chemical industry department of the people's government of the province, autonomous region, or municipality directly under the Central Government. The illegal operation of the controlled chemicals and illegal income shall be confiscated, and the illegal business amount shall be more than 1 time and 2 times. The following is a fine.
Article 24 Whoever, in violation of the provisions of these Regulations, conceals or refuses to report information and data on controlled chemicals, or hinders or obstructs the competent department of the chemical industry from performing its duties of inspection and supervision in accordance with the provisions of these Regulations, shall be fined not more than 50000 yuan by the competent department of the chemical industry of the people's government of the province, autonomous region or municipality directly under the Central Government.
Article 25 Anyone who violates the provisions of these Regulations and constitutes a violation of public security management shall be punished in accordance with the relevant provisions of the the People's Republic of China Public Security Management Punishment Law; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 26 Those who have been engaged in the production, operation or use of controlled chemicals before the implementation of these regulations shall go through the relevant procedures in accordance with the provisions of these regulations.
Article 27 These Regulations shall enter into force as of the date of promulgation.