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China’s Local Governments Intensifying Catalogue-based Regulation of Hazardous Chemicals

On April 2, 2019, the Department of Emergency Management of Shandong Province released the Catalogue of Prohibited Hazardous Chemicals of Shandong Province (Tranche 1) [1], specifying that 44 categories of hazardous chemicals will be prohibited within its jurisdiction. The Catalogue will be effective until April 1, 2022.

It is explicitly noted that the Catalogue is formulated in line with the Comprehensive Program for Managing Safety of Hazardous Chemicals [2] and the Thirteenth Five-year Plan for Safe Production of Hazardous Chemicals [3] which both encourage local governments to develop catalogues of prohibited, restricted, and controlled hazardous chemicals.

Besides Shandong, several local governments have already plunged into action following the requirements provided in the two documents above. For example, Nanjing municipal government published its Catalogue of Prohibited Hazardous Chemicals (Tranche 1) [4] on December 8, 2018; Shenzhen released the Catalogue of Prohibited, Restricted, and Controlled Hazardous Chemicals (Tranche 1) (Trial) [5] on January 15, 2019; Anhui Province announced to consult on the Catalogue of Prohibited, Restricted, and Controlled Hazardous Chemicals (Trial) [6] on April 12, 2019; and Jilin Province issued a notice to seek feedback on its Catalogue of Prohibited Hazardous Chemicals (Tranche 1) [7] on May 15, 2019. Shanghai, in particular, has been at the forefront of developing catalogues for prohibited, restricted, and controlled hazardous chemicals, with its Tranche 3 [8] taking effect since July 1, 2016 and Tranche 2 abolished simultaneously.

With catalogues devised in accordance with their respective conditions, local governments will be able to regulate production, operations, and use of hazardous chemicals in a more effective and targeted manner.

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