ZDHC中国法规要求

File title:Author:Date:

Name of the Government

Body in Charge

National People's Congress

ZDHC P15/16 - Disclosure Project

This document is prepared based on the instructions of the ZDHC groupOverview Regulatory Disclosure Requirements in CHINA

Research prepared by Hongjun Zhang, Tad Ferris and ZDHC MembersNovember 6th 2012

Type of Legal Name of Legal Document (in English Effective Type of Chemical Substance

Key Contents Related to Use, Discharge and Information Disclosure of Hazardous Chemicals

Documentand Chinese)DateRegulatedStatuteEnvironmental Protection Law Dec. 26th, 1. All discharges must meet national or local discharge standards; andAll chemicals

[中华人民共和国环境保护法]19892. Companies discharging pollutants must report and register the pollutant discharges with the local environmental bureaus

(EPBs).

Type of Industrial Activities

Information to Be DisclosedFormat of the Disclosure (How?)

Regulated

All industrial activities Concentration and total amount of major pollutants 1. Companies are required to use the standardized including production, (defined by local EPBs) to be dischargedform provided by local EPB; andstorage, transportation, sale 2. The pollutant concentration and total amount to and use of hazardous be discharged are required to be reported and chemicals registered annually.involving production, use and discharge of hazardous chemicals

information disclosure; andgeneration and discharge of major pollutants is

2. The required information shall be published at required to be published; and

major local media.2. For companies that are subject to clean

production, the clean production audit report is required to be submitted to the government and published to the public (except confidential business information).

Potential Penalty for Violations of

Remarks / observationsHyperlinks or Text

Information Disclosure Requirements

http://www.77cn.com.cn/english/eWarning and fine is applicable for refusing to This Statute sets up the general

report/register or submitting the false report requirements on pollutant discharge, and nvironment/34356.htmof registration.reporting and registration of pollutants

to be http://www.77cn.com.cnrmation of its energy consumption or generation and discharge of major pollutants, will be imposed a correction order and may be imposed a fine up to 100,000 RMB; and2. Companies that are subject to clean

production audit however fail to submit the audit report, will be ordered for correction in a given time. A fine from 50,000-500,000 RMB will be imposed for companies fails to make the correction within the given time.Importer that fails to register its imported dangerous chemicals shall be ordered to correction, and may be impose a fine up to 50,000 RMB. A fine of 50,000-100,000 RMB will be imposed for importer that fails to make correction. For serious violations, authorities may order to shut down the facility.N/A

disclosure requirements to specific companies that are listed by the government or otherwise subject to clean production audit.

http://www.77cn.com.cn/article/fgkd/xfg/fl/201203/20120300360887.shtml

[中华人民共和国清洁生产促进法]2. For technology innovation projects, companies shall use low-hazard materials to replace hazardous materials;

3. The local EPBs shall publish lists of companies which fail to meet the requirements of energy consumption or the major pollutant discharge control in major local media;

4. The listed companies shall publish information on their energy consumption or generation and discharge of major pollutants;

5. Companies that cannot meet discharge standards or total discharge quotas, or that use or discharge hazardous materials, are required to perform clean production audits;

6. The clean production audit report shall be submitted to the local EPBs and agencies responsible for clean production; and7. The clean production audit report shall also be published in major local media (with exception for confidential business information).

1. Companies that use dangerous chemicals shall meet the use conditions applicable for hazardous chemicals;2. Companies that use dangerous chemicals shall set up and implement safety protocols;

3. Companies that use dangerous chemicals above certain amount shall apply for and obtain safe use permits from the government;

4. The use, transportation and storage of dangerous chemicals is subject to the technical requirements provided by the Chinese laws; and

5. Companies that import dangerous chemicals shall register their imported chemicals with the government.

hazardous chemicals

State Council

State Council Regulation on the Safe Management Dec. 1st, Regulationof Dangerous Chemicals (Decree 2011

591) [危险化学品安全管理条例]

Dangerous chemicals are defined as chemicals which are toxic, corrosive, explosive, flammable or combustion-supporting and may harm people, facilities or the environment. In practice, dangerous chemicals are those chemicals listed in the

Catalogue of Dangerous Chemicals.

The production, storage, use, handling and

transportation of dangerous chemicals

The following information of the dangerous chemicals is required to register with the

government: classification and label; physical and chemical properties; main uses; hazardous

properties; requirements for safe storage, use and transportation; and emergency response measures

1. The importing company shall use the standard form provided by the authority; and2. Registration is valid for 3 years.

This Regulation is an enabling law which http://www.77cn.com.cn/flfg/2011-sets up the overall legal requirements of 03/11/content_1822902.htmproduction, distribution, storage, transportation and use of dangerous chemicals. Under this Regulations, various agencies have issued more

detailed implementation measures. See discussions in the sections below.This Catalogue provides the scope of dangerous or hazardous chemicals.

http://www.77cn.com.cn/China_Chemical_Regulation/Catalog_of_Hazardous_ChemiThe listed chemicals are within the scope http://www.77cn.com.cn/neof the Catalogue of Dangerous wpage/Contents/Channel_6288/20Chemicals, however are subject to more 11/0622/134840/content_134840.stringent government supervision and htmmanagement.

This agency rule sets up the detailed requirements of registration

requirements for production and import of the chemicals listed in the Catalogue of Dangerous Chemicals.

http://www.77cn.com.cn/newpage/Contents/Channel_20697/2012/0711/173373/content_173373.htm

State Administration of Work Safety (SAWS)

State Administration of Work Safety (SAWS)

Agency Rule

Catalogue of Dangerous Chemicals Mar. 3rd, [危险化学品名录(2002版)]2003The Prioritized Dangerous Chemicals Jun. 21st, Catalogue for Supervision and 2011Management (Batch I)

[首批重点监管的危险化学品名录]

This Catalogue defines and lists dangerous chemicals such as poisons, corrosives, explosives, combustibles, etc., or substances Dangerous chemicalsharmful to human beings, facilities, or the environment.

This Catalogue lists 60 dangerous chemicals including chemicals constituting compressed gas and liquefied gas, flammable liquids, flammable solids and liquids, oxidizers, organic peroxides, and corrosive substances.

Production, storage, transportation and use of chemicals listed in the Catalogue are subject to more stringent supervision by the authorities.

1. Companies that are subject to registration requirements for their dangerous chemicals shall establish an information record, by which the information on the name, technical description, quantity, labeling (including safety labeling) and classification of the hazardous chemicals shall be recorded; and

2. Companies that are subject to registration requirements for their dangerous chemicals shall also register the following information on the chemicals to the local safety authorities: classification and label; physical and chemical properties; main usage; hazardous properties; requirements for safe storage, use and transportation; and emergency response measures.

Dangerous chemicals

N/AN/AN/A

Agency RuleN/AN/AN/AN/A

State Administration of Work Safety (SAWS)

Agency Rule

Management Methods on Aug. 1st, Registration of Dangerous Chemicals 2012[危险化学品登记管理办法]

Chemicals listed in the Catalogue of Production and import of Dangerous Chemicals hazardous chemical

The following information of the hazardous 1. The importing company shall use the standard

chemicals: classification and label; physical and form provided by the authority; andchemical properties; main usage; hazardous 2. Registration is valid for 3 years.properties; requirements for safe storage, use and transportation; and emergency response measures.

Importer that fails to register its imported dangerous chemicals shall be ordered to correction, and may be impose a fine up to 50,000 RMB. A fine of 50,000-100,000 RMB will be imposed for importer that fails to make correction. For serious violations, authorities may order to shut down the facility.

The users and producers that fail to publish applicable information shall be ordered for correction and imposed a fine up to 30,000 RMB.

Ministry of Environmental Protection (MEP)

Agency Rule

Environmental Management Mar. 1st, Registration Methods for Dangerous 2013Chemicals (For Trial Implementation) [危险化学品环境管理登记办法(试行)]

1. Users and manufacturers of chemicals listed in the Catalogue of Dangerous Chemicals shall apply for and obtain permit from the government;

2. Users and manufacturers of chemicals listed in the Catalogue of Dangerous Chemicals shall publish annual environmental management report on dangerous chemicals (covering information from the previous year) in January of the following year;3. Users and manufacturers of dangerous chemicals subject to key environmental management shall establish and

permanently maintain records on the dangerous chemicals, including information on the type, amount, sale designation, supplier, and discharge;

4. Users and manufacturers of dangerous chemicals subject to key environmental management (the MEP will promulgate the list of such chemicals) is required to publish an annual environmental management report (for the previous year) on

hazardous chemicals to the public in January each year. 5. Users and manufacturers of dangerous chemicals subject to key environmental management, shall submit a discharge and transfer form for such chemicals, as well as a risk management plan, to local EPBs (for the current year) prior to January 31 each year; and

6. Users and manufacturers of the key hazardous chemicals shall monitor such key hazardous chemicals and their discharge, by themselves or by qualified environmental monitoring organizations that they entrust with this responsibility.

Chemicals listed in the Catalogue of Production, use, import and The following information of the hazardous MEP will issue the forms to be used for the applicable Dangerous Chemicals; (to be export of hazardous chemicals used in the previous year shall be information disclosure requirements.published) Catalogue of Dangerous chemicals published: types, hazardous properties, related Chemicals Subject to Key pollutant discharge and accident, and pollution Environmental Managementprevention and control measures. For key

hazardous chemicals, the release and transfer of these chemicals and their major pollutants as well as monitoring result is also required to be published.

http://www.77cn.com.cn/en/component/k2/item/674-updated-measures-on-hazardous-substances-registration-takes-MEP will issue the Catalogue of the Key http://www.77cn.com.cn/gkml/hbb/

Hazardous Chemical in the next months.bl/201210/t20121016_238481.htm

Ministry of Environmental Protection (MEP)

Agency Rule

Circular on Further Enhancing Oct. 30th, Environmental Protection 2012Information Disclosure

[关于进一步加强环境保护信息公开工作的通知]This Circular requires that provincial and local EPBs publish certain environmental information, which includes:

1. Environmental approval information, such as environmental inspection information for companies to be listed in the (China) stock market, and environmental impact assessment information for new projects; and

2. A blacklist of companies which discharge pollutants in violation of Chinese law, and a blacklist of companies which do not meet all environmental requirements.

All chemicals

All industrial activities Environmental violation informationinvolving production, use and discharge of hazardous chemicalsThe Circular requires provincial and local EPBs to N/Aestablish and maintain websites by which the

environmental violation information can be released appropriately and timely.

MEP officials indicated that the blacklisted companies based on this Circular will be subject to the clean production audit and the subsequent information disclosure requirements.

http://www.77cn.com.cn/gkml/hbb/bgt/201210/t20121031_240771.htm

Ministry of Environmental Protection (MEP)

Agency Rule

Measures on Disclosure of Environmental

Information (for trial implementation)

[环境信息公开办法(试行)]

May 1st, 2008This agency rule does not specifically address dangerous or other specific chemical types. However, it sets forth overall information disclosure requirements related to chemical use and discharge.

1. All companies are encouraged to voluntarily disclose environmental information, such as the types, quantity, and concentration of pollutants discharged;

2. Companies that discharge pollutants in excess of standards or otherwise seriously pollute the environment shall be listed by local EPBs; and

3. Listed companies shall publish the relevant information in major local media.

All types of chemicals

All industrial activities including production,

storage, transportation, sale and use of hazardous chemicals

Protection (MEP)

Environmental Reports (HJ 617-2011

2011) [企业环境报告书编制导则]Guideline covers disclosure of a wide range of information related to chemicals (e.g., generation, use, storage and dangerous chemicalsmanagement of dangerous chemicals (Section 6.5.11)).

1. Name, address and legal representative of the company;

2. Name of the main pollutants, discharge methods, concentration and amount of such pollutants, and the pollutants discharged in excess of the standards or approved quota;

3. Construction and operation of environmental facilities; and

4. Emergency response plans for environmental accidents.

including production, environmental goals, efforts and

storage, transportation, sale outcomes, material use, discharge data, and and use of hazardous relationship with stakeholderschemicals Pollutants discharge

N/A

The voluntary information disclosure may be The listed companies that fail to published the This rule set up overall requirements on http://www.77cn.com.cn/flfg/2007-performed by media or Internet or in form of annual required environmental information shall be information disclosure for the 04/20/content_589673.htmenvironmental report; and　fined up to 100,000 RMB.government and companies.The mandatory information disclosure shall be conducted by the major local media and recorded with local EPBs.　

publication.

http://www.77cn.com.cn/standarcompanies may choose as a reference. In ds_reports/standards/others1/oththe recent years, increasing companies in ers3/201111/t20111101_219407.h

tmChina have been publishing their

environmental reports.

MEP is in the process of amending this http://www.77cn.com.cn/standarstandard. The amendment will likely be ds_reports/standards/water_envirissued in the next 12 months.onment/Discharge_standard/2007

10/t20071024_111797.htmMEP is in the process of amending this http://www.77cn.com.cn/standarstandard. The amendment will likely be ds_reports/standards/Air_Environissued in the next 12 months.ment/Emission_standard1/200710

/t20071024_111824.htmThis standard is only applicable when a company is required to perform clean production audit.

http://www.77cn.com.cn/hjbhbz/bzwb/other/qjscbz/200610/t20061001_78200.htm

Ministry of Environmental Protection (MEP)

Standard

Discharge Standard of Water Jul. 1st, 19921. This standard provides concentration limits for discharging 11 water pollutants (Biological Oxygen Demand, Chemical Pollutants for Dyeing and Printing of Oxygen Demand, Color PT-CO, pH value, Suspended Substance, Ammonia Nitrogen, Sulfide, Cr(VI), Cu, Aminio Benzene, Textile Industry (GB 4287-92) Chlorine Dioxide) into different water bodies/zones; [纺织染整工业水污染物排放标准]2. This standard also provides the maximum amount of wastewater permitted to discharge based on production of 100

square meters of textile. Integrated Emission Standard of Air Jan. 1st, Pollutants (GB 16297-1996) 1997[大气污染物综合排放标准]

1. This standard provides concentration limits for emitting 33 air pollutants into different zones; and

2. This standard applies to industry sectors for which there is no industry specific emission standard specified, such as the textile industry.

Pollutants of dyeing and printing of textile Industry

N/AN/A

Ministry of Environmental Protection (MEP)

Standard

Pollutants of industry sectors for Pollutants dischargewhich there is no industry specific emission standard specified, such as the textile industryAll types of chemicals

Production of textile products (dyeing and finishing of cotton)

N/AN/AN/A

Ministry of Environmental Protection (MEP)

Standard

Cleaner production standard Textile Oct.1st, 20061. This voluntary standard sets forth the procedures and criteria for clean production audits for companies dyeing and industry (Dyeing and finishing of finishing cotton. cotton) (HJ/T185-2006) 2. In particular, this standard sets up the criteria for clean production audits for the discharge of wastewater and for COD.[清洁生产标准-纺织业(棉印染)]

N/AN/AN/A

SFO\130580002

ES022513023633BAO

Ministry of Environmental

Protection (MEP)

Standard

Coding for the Environmental

Pollution Source (HJ 608-2011) [污染源编码规则(试行)]

Jun. 1st, 2012

Protection (MEP)Policy

Pollution Control for Printing and 2001Dyeing industry

[印染行业废水污染防治技术政策]

1. Under this standard, an environmental pollution source is defined as the entity that is responsible for environmental management of a pollutant source;

2. Based on location of the pollutant source, each environmental pollution source (i.e. entity) will be assigned a code for its identification; and

3. The code for each environmental pollution source (i.e. entity) can be used for information exchange and environmental 2. This technical policy calls for restriction of the concentration of formaldehyde and pentachlorophenol; and

3. This technical policy calls for promotion of the use of readily biodegradable slurry, and restriction or prohibition of the use of polyvinyl alcohol.

N/AN/AN/AN/AN/A

pentachlorophenol, and polyvinyl alcohol

products (dyeing)

This standard does not set up

requirements on information disclosure;

however the code assigned based on this

standard will be helpful for the

government to obtain and manage

wastewater control for printing and dyeing industries.

http://www.77cn.com.cn/hjbhbz/bzw

b/other/xxbz/201103/t20110311_201715.htm

http://www.77cn.com.cn/gkml/zj/wj/200910/t20091022_172032.htm

General Administration of StandardsQuality Supervision, Inspection and Quarantine (AQSIQ) & State Standardization

Administration of China (SAC)

General Administration of StandardsNational General Safety Technical Aug. 1st, Code for Textile Products (GB 18401-20112010)

[国家纺织产品基本安全技术规范]Leather and Fur - Limit of Harmful Dec. 1st, 1. For 3 types of textile products, this standard sets up maximum concentration limits for formaldehyde;2. For 3 types of textile products, this standard sets up the required range of PH limits; and

3. This standard prohibits the use of 24 decomposable carcinogenic arylamines in all textile products. When testing is performed, the concentration limit of these 24 decomposable carcinogenic arylamines must not be higher than 20 mg/kg.1. For 3 types of leather and fur products, this standard sets up the maximum concentration limits for formaldehyde; andFormaldehyde, PH, and Production and sale of biodegradable carcinogenic aromatic textile products amine

N/AN/AN/A

This standard sets up the basis safety http://www.77cn.com.cn/p-requirements for textile products by 494273389399.htmlwhich certain chemicals are restricted or prohibited for use.

This standard sets up the basis safety http://www.77cn.com.cn/f/22Formaldehyde, and biodegradable Production and sale of N/AN/AN/A

Quality Supervision, Inspection Matter (GB 20400-2006) 2007

and Quarantine (AQSIQ) & [皮革和毛皮 有害物质限量]

State Standardization

Administration of China (SAC)

SFO\130580002

ES022513023633BAO

2. For 3 types of leather and fur products, this standard defines 23 decomposable carcinogenic arylamines.

carcinogenic aromatic amineNote 1: In China, different chemical regulatory programs may employ different Chinese terminology. The particular

terminology used to describe a chemical can, in the original Chinese, more clearly point to a particular regulatory program. For instance, certain of China's regulatory measures apply to the category "dangerous chemicals" [危险化学品]. Other

measures are applicable to "toxic chemicals" [有毒化学品], for instance. We note that "hazardous" can be used as an English synonym for "dangerous" and "toxic" when describing the chemical types and programs in English documents. It would appear that industry, environmental group and other stakeholders sometimes employ English terminology such as

"hazardous" to cover one or more of these particular regulatory regimes. In this document, depending on the original use of the Chinese terminology, we use "hazardous chemical" or "dangerous chemical" in our writing.

Note 2: While all the laws outlined in this document are relevant to information disclosure of hazardous chemicals, the scope of these laws is broader. In preparing this document, we tried to focus on information disclosure of use and discharge of hazardous chemicals. As for other legal requirements set forth in these laws (e.g., workplace safety related to dangerous chemicals), we outlined such requirements only if when they are relevant to information disclosure.

Note 3: Under the Environmental Protection Law, there are a number of other laws and regulatory measures that specifically cover a particular environmental media such as water. While the detailed requirements may be slightly different, the overall principles and legal requirements of these other laws and regulatory measures reflect those set forth in the Environmental Protection Law. Additionally, for information disclosure issues, these media-specific laws do not establish additional legal norms That said, we did not try to cover these media-specific environmental laws in this document.

Note 4: In almost all Chinese laws, the first article in the law provides the legislative aim or intent of the laws. Typically, such legislative aim or intent is very general and does not provide meaningful requirements or guidance to the regulated

community. That said, we omit the legislative aim or intent of the laws in this document. As needed, we can supply such information to Levi and C&A.

Note 5: Under Chinese environmental laws, "discharge" refers to both discharge to water bodies and emissions to air.

leather and fur products

requirements for leather and fur 296215.html?from=dlproducts by which certain chemicals are restricted for use.

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