July 17, 2012, Chinese SAWS published the revised “Measures for the administration of hazardous chemicals operation permit” to provide better support for the implementation of State Council Decree 591 and further reinforce the national management on hazardous chemicals business. The New Measures coded as SAWS Order 55 of 2012 has taken effect as of September 1st, 2012. In the meantime, the old version (SETC Order 36 of 2002) shall be repealed.
The new Measures have specified the applicable scope, listed content, application conditions, submission materials, legal liabilities and other provisions related to hazardous chemicals operation permit (in short as “HC Operation Permit”).
A hazardous chemicals operation permit (also referred to as “operating license”; hereinafter as “HC Operation Permit”) ensures companies competent access to domestic sales (including storage business) of hazardous chemicals. No entity or individual is allowed to engage in HC sales and marketing in China before they obtain this Permit.
In comparison with the 2002 version, the new Measures add one exempt case where you don’t need to apply for the Permit if you are doing business of hazardous chemical storage and sale within a Port area and that have obtained a Port license.
The new measures lay much emphasis on the application conditions for enterprises with HC storing facilities. These applicants are required to act in compliance with several industrial GB standards pertaining to the designing and architecture of HC storing sites and other relevant national legislations, including the State Council Decree 591, the Guidelines for the safety evaluation on hazardous chemicals operation enterprises and the SAWS Order 40 of 2011 on major hazard installations of hazardous chemicals.