Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Chemicals Convention, 1990 (No. 170) - China (Ratification: 1995)

Further to its observation, the Committee notes the references by the Government in its latest report to relevant national policies, laws and regulations promulgated since 2005, including the Implementing Methods on Safety Licensing for Construction of Hazardous Chemical Projects (SAWS Decree No. 8) and the 11th Five-Year Plan for Production Safety. The Government also indicates that the Regulations on Safety Management of Hazardous Chemicals (2002 Edition) is undergoing amendment and that a revised version of these was made available for public comment in early 2008 and is expected to be completed by 2011 at the latest. The Committee further notes the responses by the Government to its previous comments, which appear to show effect given to Articles 7 and 14 of the Convention. The Committee asks the Government to continue to provide information on relevant measures undertaken concerning the Convention.

Article 5 of the Convention. Prohibition or restriction on the use of certain hazardous chemicals. The Committee notes the response by the Government which again states that there is no complete and harmonized list of prohibited or restricted chemicals and that the relevant departments will be consulted in order to prepare such a list. The Government further indicates that the amendment to the Regulations on Safety Management of Hazardous Chemicals, which was released for public comment in 2008, explicitly suggests that a regime of prohibition and restriction shall be applied to the use of hazardous chemicals, and that to achieve this, studies and preparations are underway to draft supporting rules and measures. The Committee also notes the information that studies are being carried out on the measures needed to develop a licensing system for the safe use of hazardous chemicals, which will require chemical enterprises that use such substances for production with quantities up to certain thresholds to obtain a license for the safe use of hazardous chemicals. The Committee asks the Government to continue to provide information on the progress made on the prohibition and restriction of the use of certain hazardous chemicals, or the requiring of advance notification and authorization before such chemicals are used.

Article 6. Classification systems. The Committee notes the Government’s response, which indicates that the former Classification and Marking of Commonly-Used Hazardous Chemicals (GB13690-92) has been abolished and replaced by the General Code on Classification of Chemicals and Demonstration of Hazards (GB13690-2009), which is based on the 2007 Edition of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The Government also indicates that the former Classification of Dangerous Goods and Codification of Nomenclatures (GB6944-84) has been replaced by a new standard of the same title (GB6944-2005), which is based on the thirteenth Edition of the Model Regulations on Transport of Dangerous Goods, and at the same time, in light of the GHS classification, China has issued a series of Safety Standards for Classification, Labelling and Marking of Chemicals (GB20576～20599, GB20601～20602-2009), which involve 26 types of hazards, except for the hazard of inhalation. The Committee also notes that the formulation of the classification system of chemicals is still ongoing. The Committee asks the Government to continue to provide information on the formulation of classification systems, and to indicate how these systems are progressively extended, with reference to Article 6(4).

Article 8. Chemical safety data sheets. The Committee notes the response by the Government indicating that the former Regulation on Preparation of Chemical Safety Technical Sheets (GB16483-2000) has been replaced by the Chemical Safety Technical Sheets: Contents and Items Order (GB16483-2008). This amendment closely followed the revision of the standard on Safety data sheet for chemical products (ISO11014-1: 1994) by the International Organization for Standardisation, and is thus fully consistent with the requirements of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The Committee again asks the Government to clarify whether the chemical safety technical sheets referred to above contain detailed information regarding the identity of the hazardous chemicals, their supplier, classification, hazards, safety precautions and emergency procedures; and to indicate whether this information is included on the label, as required under Article 7(2).