The Measures for the Environmental Management of Hazardous Chemical Registration (draft proposal) (Hereinafter as the “draft proposal”) are drafted by China MEP to support further implementation of China’s top level law on the control of hazardous chemicals, the State Council Decree 591. The draft proposal aims to strengthen the environmental administration of hazardous chemicals and reduce detrimental emissions of hazardous chemicals to the environment. The final act and enacting date have not yet been determined.

This draft proposal shares some legislative content in common with another regulation enacted by China SAWS, the Measures for the Administration of Hazardous Chemicals Registration (revised draft). Though both regulations are regarded as the supporting measures under Decree 591, the one herein has put more emphases on the emission (hazard exposure) and migrating reporting institution for hazardous chemicals of high environmental concern.

The draft measures will apply to domestic hazardous chemical manufacturers and companies which use hazardous chemicals in the production of other products. Therefore, hazardous chemical manufactures, producers and processors within the territory of Chinese mainland will be affected and obliged to apply for a certificate of environmental administration for the production and use of hazardous chemicals.

The basic principle of the hazardous chemical certification is to perform graded and categorized safety control on the production and use of hazardous chemicals in China. This certificate generally keeps information about the company identity, product identity and quantities, the hazard category, production/use facilities, address, uses, method of use, etc. Like the NRCC-SAWS chaired hazardous chemicals registration, the certificate herein also has a validation period of 3 years.

More stringent measures are formulated to monitor and supervise the environmental emissions of hazardous chemicals of high environmental concern in the draft measures. And focused supervision and management shall be targeted at key industries, areas or enterprises engaged in production or use of the concerned hazardous chemicals.