On July 3, 2018, China’s MIIT officially published the Implementation Rules of Regulations on Administration of Monitored Chemicals (hereinafter “the Implementation Rules”). The Implementation Rules will go into effect on Jan 1, 2019. Activities related to manufacturing, operating, using and importing/exporting, etc. of the monitored chemicals within the territory of China shall abide by the Implementation Rules.
Categories of monitored chemicals and main revisions of the Implementation Rules are specified in previous CL news. Some notable clauses include:
Administration rules governing production:
- Production of category 1 chemicals should be submitted to MIIT for approval;
- Production of category 2, 3, and specific organic chemicals containing phosphorus, sulfur and fluorine in category 4 require a special license. License validity period is 5 years, extension shall be applied for 6 months before expiration.
Administration of operation and use
- Operation of category 2 chemicals, use of category 1 and 2 chemicals also require a license.
- Operation license and usage license is valid for 5 years and stakeholders shall apply for extension 6 months before expiration.
Circulation of category 2 chemicals shall be limited to eligible organizations/individuals who are permitted to produce, operate and use category 2 chemicals.
Violation of the Implementation Rules may incur fines up to 200,000RMB.