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China Consulting on Revised Rules for Purchase and Road Transport Licensing of Highly Toxic Chemicals

On Sep 5th, The Chinese Ministry of Public Security (MPS) issued the revised Measures for the Administration of Licenses for the Purchase and Road Transportation of Highly Toxic Chemicals for public consultation.

The predecessor of the revised Measures was MPS Order No.77 which fell under the regulatory scope of State Council Decree No.344 (now replaced by Decree 591). The draft revision was formulated in accordance with State Council Decree No.591 with 4 major changes:

1. Revised definition of Highly Toxic Chemicals

The term of “highly toxic chemicals” was revised to conform to what’s defined in the Inventory of Hazardous Chemicals (2013 draft). This means the Inventory of Chinese Highly Toxic Chemicals, a supporting document of MPS Order 77, will no longer be used when the final Inventory of Hazardous Chemicals comes out, which will include indications of highly toxic chemicals in the remark column.

2. Adjustments on the purchase process and transport licensing process of highly toxic chemicals

Purchase vouchers and permits used under MPS Order 77 will no longer be used. Holders of a safe production permit, safe use permit or operation permit of hazardous chemicals can purchase highly toxic chemicals without acquiring other permits. Those without any of these permits should apply to the local public security agency for a purchase permit, which will only be valid for a maximum of 7 days. Consignors of highly toxic chemicals should acquire a road transport permit from the public security agencies in either the place of origin or the destination. During the process, the photocopies of the consignee’s safe production permit, safe use permit or operation permit of hazardous chemicals, or otherwise the purchase permit of highly toxic chemicals, should be provided. Additionally when transporting highly toxic chemicals for import or export, customs declarations, sales contract, company identities of the buyer and the seller will be checked.

3. Adoption of limited quantities and packing requirements

Highly toxic chemicals which meet the quantity limits and packing requirements specified in GB 28644.2-2012 will be exempted from road transport permit requirement. However, some basic information still needs be reported to relevant agencies at destination, including the license plate numbers of the vehicles, transport time, etc.

4. Wider application of the online information system

As conceived in the draft revision, comprehensive information on the purchasers, sellers, permit status, chemical identities, quantities, storage and transportation will all be stored on computerized systems to facilitate real-time inquiry and enhance supervision.

Opinions can be submitted to [email protected]. The consultation period will end on Oct 10, 2014.

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