Overview of MEP Order 22

As further support to the implementation of China’s top level law on the control of hazardous chemicals, the State Council Decree 591, the Ministry of Environmental Protection (MEP) has issued the “Measures for the Environmental Management Registration of Hazardous Chemicals (Trial)” (known as MEP Order 22) on Oct 10, 2012, which came into force on Mar 1, 2013.

1) The Measures stipulate that the manufacturers and/or users of the hazardous chemicals in the ‘Catalogue of Hazardous Chemicals’ (HCs) and the ‘Catalogue of Hazardous Chemicals of Priority Environmental Concern’ (HCPEC) shall apply and obtain the environmental management registration certificate for manufacture and/or use of hazard chemicals.

2) Importers and/or exporters of the hazardous chemicals included in the ‘List of Toxic Chemicals Severely Restricted for Import and Export in China (2014)’ (TCSRIE) shall apply the environmental management registration on hazardous chemicals. The relevant certificate or clearance notification for environmental management on import or export of toxic chemicals is compulsory during custom clearance.

Manufacture/Use Registration

Scope of Registration

If the products or raw materials fall into one of the following situations, then the environmental management registration of hazardous chemicals shall be conducted:

Range of Products

（1）hazardous chemicals listed in the ‘Catalogue of Hazardous Chemicals’(HC);

（2）products containing hazardous chemicals listed in the ‘Catalogue of Hazardous Chemicals’(HCs), such as paint, ink and adhesive etc. that contain hazardous chemicals.

The HCPEC registrants who have obtained the certification shall fill in and submit the form of “Release & Transfer report of HCPECs” and the “plan for environmental risk control” to their county competent authorities before 31 Jan each year.

Geographical Range

All companies that manufacture and use hazardous chemicals within the People’s Republic of China shall apply the environmental management registration of hazardous chemicals, including those in the bonded areas and export process zones.

Quantitative Range

Companies shall apply the environmental management registration of hazardous chemicals if one of the following quantitative conditions is met.

（1）When the total amount of a hazardous chemical of priority environmental concern manufactured and used by a company is no less than 100 kilograms, or

（2）When the total amount of a hazardous chemical manufactured and used by a company other than hazardous chemicals of priority environmental concern is no less than 1 ton, or

（3）Based on the conversion of the quantity of a hazardous chemical contained in each of the company’s products or raw materials, if the content of any hazardous chemical of priority environmental concern exceeds≧100kg, or if the content of any other hazardous chemicals exceeds≧1t, then the company needs to apply the registration.

Note: When the company uses a hazardous chemical manufactured on its own as the raw material of another product, then this part of quantity shall be excluded in the calculation, namely the sum of the production and purchase of hazardous chemicals amounts to the total quantity of hazardous chemicals need to be registered by the company.

Exemption from Registration

1) The Measures does not apply to companies that manufacture and/or use hazardous chemical in Macao and Hong Kong SAR as well as the Taiwan region, therefore, they do not have to apply the registration.

2) The hazardous chemicals used in such activities as scientific research, inspection or testing, treatment of pollutants or wastes as well as storage and transportation activities are exempt from the registration.

Subject and Time Limit of Registration

The subject of environmental management registration of hazardous chemicals is the actual industrial activity units that manufacture and use hazardous chemicals.

Enterprises who construct, reconstruct, or expand projects for manufacturing and/or use of hazardous chemicals, shall apply and obtain the registration certificate for manufacture and/or use of hazardous chemicals prior to their project completion acceptance.

Enterprises who have already constructed projects for manufacturing and/or use of hazardous chemicals before the Measures come into force, shall apply and obtain the registration certificate within three years upon the implementation of this Measures (namely before March 1st, 2016).

Registration Procedure

Responsibilities and Obligations of Registration Enterprises

Import/Export Registration

Importers and/or exporters of the hazardous chemicals included in the ‘List of Toxic Chemicals Severely Restricted for Import and Export in China (2014)’ (TCSRIE) shall apply to the SCC-MEP for the registration certification and use the relevant certificate for customs clearance.

Registration Procedure

Application Materials

REACH24H Services

Technical support to environmental management registration for manufacture and/or use of hazardous chemicals, including:

• Collect relevant information and materials
• Dossier preparation
• Compile the environmental risk assessment report
• Dossier submission, revision and track the acceptance of the registration
• Assist to accept the on-site inspection of environmental protection department at city level
• Technical support to the post-obligation works after registration, especially prepare and submit the release & transfer report and plan for environmental risk control.
• Instant consultancy and communication with competent authorities and/or associated expert for difficulties and uncertainties
• Assist to apply for the alteration and renewal of environmental management registration certificate
• Consultation of regulatory requirements

Technical support to environmental management registration for import and/or export of toxic chemicals, including:

• Assist foreign exporter to apply to the environmental management registration for the import of toxic chemicals.
• Assist domestic importer and/or exporter to apply to the environmental management clearance notification for the import and/or export of toxic chemicals