Contents Background of China GHS China GHS legislation Main obligations under Decree 591 concerning GHS

Transcription

1 Nondisclosure: The document provided by Chemlinked is only accessible for the individual Standard Membership subscribers, while the Cooperate Members can grant the access to their colleagues in one organization (with the same corporate address). Note: The translated English texts of the China National/Industrial Standards contained in this publication are for scientific research purpose only. If any user intends to use the standards for commercial purposes, he/she should purchase the official version or contact REACH24H for help. The ebook does not include regulations and standards promulgated by Hong Kong, Macao and Taiwan. Contents 1. Background of China GHS China GHS legislation Chinese national standards introducing the technical requirements of China GHS classification criteria Compulsory and recommended China GHS Standards Compulsory Standards Recommended Standard Measures on Hazardous Substance Registration Regulations on the Safe Management of Hazardous Chemicals (Decree No. 591) Other GHS relevant administrativeregulations and national standards Main obligations under Decree 591 concerning GHS Update of classification and labelling by 1 May Immediate update of Safety Data Sheet (SDS) Registration of Hazardous Chemicals to the NRCC Use an appropriate emergency telephone number Further obligations proposed in Decree No New Chemical Substance Notification Hazardous Chemical Substance Notification Other obligations Sample of SDS/label in line with China GHS Sample of SDS Sample of label Annex IGeneral rules for the classification and hazard communication of chemicals Annex II General rules for preparation of precautionary labeling for chemicals Annex III Safety Data Sheet for Chemical Products-Content and Order of Sections Annex IV Regulations on the Control over Safety of Hazardous Chemicals (Decree No. 591)

2 1. Background of China GHS In order to enhance the safety of human health and the environment, the GHS (Globally Harmonized System of Classification and Labeling of chemicals) was issued as a recommendation from the United Nations in The purpose of implementing GHS is for the provision of a recognized framework for countries without an existing system, to reduce the need for testing and evaluation of chemicals and to facilitate the international trade in chemicals whose hazards have been properly assessed and identified. The Plan of Implementation of the World Summit on Sustainable Development (WSSD), adopted in Johannesburg in 2002, encouraged countries to implement the GHS as soon as possible with a view to having the system fully operational by Many countries and regions implemented or planned to implement GHS after the WSSD target year of The GHS implementation by the European Union 1 in 2009 greatly impacted other regions or countries, particularly those trading with the EU. As a result, GHS implementation is now a pressing matter worldwide. In December 2005, the APCIC (Asia Pacific Chemical Industry Coalition) presented a detailed report to UNITR on the status quo of GHS in APEC (Asia Pacific Economic Countries). Chinese representatives promised at APEC meetings that the Chinese authorities would start the relevant GHS implementation works in 2006 and implement GHS in the whole country by However, the official GHS implementation in the whole country was postponed, even though the Chinese authorities had completed the conversion of the technical requirements of UN GHS classification criteria into corresponding Chinese national standards by early On March 2 nd 2011, Chinese Premier Wen Jiaobao, signed the revised regulation Regulations on the Safe Management of Hazardous Chemicals (Decree No. 591) at the State Council. The previous Decree No. 344 was replaced when Decree No.591 came into effect on December 1 st The Decree No.591 was once expected to be available in However, as result of various reasons such as disagreement over the transportation of hazardous and toxic chemicals via inland rivers between various ministries, the amendment was postponed and finally published in March At present, Decree No.591 is regarded as the basis for official GHS implementation by enforcing labelling and SDS/MSDS requirements for industry in China. In addition, the Decree No. 591 also refers to safety management of production, storage, use, operation and transportation of hazardous chemicals, as well as registration/notification of hazardous chemicals. The year 2011 can be regarded as an important opportunity to scale up the efforts of gradual introduction and provision of training for China GHS. 1 (CLP regulation (EC) No 1272/2008)) REACH24H Consulting Group 2

3 Ministries and departments involved in GHS implementation in China Currently, a total of ten ministerial departments in China are involved in the GHS implementation process. The primary department is the Ministry of Industry and Information Technology (MIIT) which was established by the National People s Congress in March This Ministry integrates the functions of several (technical) commissions from different Ministries and is heading the implementation of GHS in China, one of the key issues for Chinese chemical management. Other ministries involved includes the Ministry of Environmental Protection (MEP), Ministry of Transport (MoT), Ministry of Railway (MoR), Ministry of Agriculture (MoA); Ministry of Health (MoH), General Administration of Customs, State Administration for Industry and Commerce (SAIC), Ministry of Public Security (MPS), General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ), and the State Administration of Work Safety (SAWS). 2. China GHS legislation Since 2005 the Chinese authorities have been making steady progress towards GHS implementation. The UN GHS legislation has been translated into Chinese and many national standards have been issued and amendments have been made to some regulations. As an introduction into the Chinese legal framework, the legal framework in China can be divided into four levels: 1) The first level is the law approved and promulgated by The People s Congress; 2) The second level are the administrative laws promulgated by the State Council; 3) The third level are the regulations issued by each Ministry; 4) The fourth level are the national standards which can be further divided into two categories, i.e. Compulsory national standard (GB) and recommend national standards (GB/T). GB/T standards are not mandatory, but are recommend to be adhered to. China GHS legislation is consisted of numerous regulations/laws/national standards. The main legislation related to GHS includes: 2.1 Twenty-six Chinese national standards introducing the technical requirements of China GHS classification criteria. The Chinese government published 26 national standards known as the Safety rules for classification, precautionary labeling and precautionary statements of chemicals 2 in 2006 in order to advance the progress of China GHS implementation. The 26 standards define the hazard 2 From GB to GB , GB and GB REACH24H Consulting Group 3

4 criteria and other requirements, such as hazard statements and pictograms, of 26 UN hazard classes. The aspiration hazard hazard class has not been adopted by China GHS, as this hazard class had not yet been introduced by the UN GHS at the time when the Chinese authorities were compiling the 26 national standards. Further differences between the Chinese 26 national standards and UN GHS classification criteria include differences in some hazard categories. For example, the ATE 3 value for acute toxicity category 4 (gas) in UN GHS is 20mg/L, while it is lower at 5 mg/l for China GHS. Similar differences also exist in the hazard category STOT SE 2 4. Furthermore, the hazard category STOT SE 3 (3a, 3b) has not been adopted either. The new hazard class hazardous to the ozone layer, which was proposed in the 3 rd revision of UN GHS, has also not yet been introduced in China GHS. The Chinese authorities have acknowledged the existence of these differences. The CRC-MEP authorities have decided to amend the 26 national standards in October 2010 in line with 3 rd revision edition of UN GHS. It is not known yet when the revised national standards will be published. 2.2 Compulsory and Recommended China GHS Standards Three compulsory national standards were published in 2009 to standardize classification, label and packaging. A recommended national standard was also published to standardize SDS preparation according to China GHS requirements. These four primary implementation national standards are based on the 26 standards published in has indicated that the Compulsory Standards 1) Packaging Standard Packaging Labels for Dangerous goods -GB This standardstipulates the classification pictogram, size, color, methods of usage etc. of the package labeling of hazardous goods. The aim of the standard is to implement the 15 th revised edition of the UN recommendations on the Transport of Dangerous Goods. It entered into force in ) Classification and Hazard Communication General rules for classification and hazard communication of chemicals - GB 3 Acute Toxicity Estimate 4 Specific Target Organ Toxicity, Single Exposure 5 Chemical Registration Centre of the MEP REACH24H Consulting Group 4

5