Laws of the People's Republic of China

PROVISIONAL RULES ON INSPECTION OF PACKING FOR DANGEROUS
EXPORT GOODS TRANSPORTED BY SEA

  (Promulgated on May 20, 1985 by the State Economic
Commission, the Ministry of Foreign Economic
Relations and Trade, the Ministry ofCommunications
and the State Administrationof Import
and Export Commodity Inspection.)

SUBJECT: TRANSPORTATION; MARITIME LAW

ISSUING-DEPT: STATE ECONOMIC COMMISSION

ISSUE-DATE: 05/20/1985

IMPLEMENT-DATE: 07/01/1985

LENGTH: 1298 words

TEXT:

CHAPTER I GENERAL PROVISIONS

[Article 1] These Measures are enacted in accordance with the Regulations on the Inspection of Import and Export Commodities of the People's Republic of China, with reference to the International Maritime Dangerous Goods Code (hereinafter referred to as the IMDG Code) and with a view to strengthening the inspection and control of the packaging of dangerous goods for export by sea, in order to ensure the safety of production, human life and transportation, as well as to promote exports.

[Article 2] These Measures are applicable to the packaging of the dangerous goods for export by sea listed in the IMDG Code. (The inspection of packaging of products such as pressure vessels or containers for radioactive substances will be conducted in accordance with relevant State regulations.)

[Article 3] All local commodity inspection bureaux (hereinafter referred to as commodity inspection bodies) are in charge of the supervision and control of the inspection of the packaging of dangerous goods for export by sea and will carry out appraisals of performance and application with regard to the packaging of dangerous export goods in their own respective regions.

[Article 4] Departments producing and dealing in dangerous export goods are directly responsible for the packaging of those goods. They must correctly select and utilise the packaging for dangerous goods, arrange for appropriate storage and transportation and for every safety precaution to be taken in accordance with the relevant rules and regulations.

[Article 5] Packaging of dangerous export goods for export by sea must be sturdy and sufficiently solid so as to withstand all the normal risks of handling and sea transportation. The quality of materials and the forms and methods of packing containers shall be suitable to the nature of the dangerous goods intended to be packed therein.

[Article 6] Packaging of dangerous goods for export by sea must be strictly inspected and examined in the course of production, business dealings, use, storage, handling and transportation by all parties concerned.

CHAPTER II INSPECTION OF THE PRODUCTION OF PACKING CONTAINERS

[Article 7] The manufacturers of packing containers for dangerous for export by sea (hereinafter referred to as the manufacturers) shall register themselves with a commodity inspection body.

[Article 8] Manufacturers must, in accordance with the requirements of the IMDG Code, organise the production of packaging for dangerous goods, establish a testing system, provide personnel and equipment to carry out the testing and strengthen quality control and testing of their products.

[Article 9] Manufacturers should, on the basis of the satisfactory results of their own testing, apply to a commodity inspection body for performance appraisal. The criteria and specifications, technical processes and the results of their own testings shall be submitted when applying. Should the criteria and specifications or technical processes need to be changed within the effective period of approval after inspection, the manufacturers shall promptly reapply to the commodity inspection body.

[Article 10] All packing containers must be embossed, printed or marked with the manufacturers' code numbers approved by the commodity inspection body as well as the lot numbers.

For containers with a stable performance and which fully conform with the requirements of the IMDG Code, manufacturers may apply to the commodity inspection body for Inspection Stamps.

CHAPTER III INSPECTION OF THE USE OF PACKING CONTAINERS

[Article 11] Factories manufacturing dangerous goods will use packing containers which have a performance appraisal certificate issued by a commodity inspection body, in accordance with the requirements of the IMDG Code. Packing containers provided by foreign merchants themselves may be used if the attached performance appraisal certificate certifies that it is in conformity with the requirements of the IMDG Code.

[Article 12] When plastic containers or interior-coated containers are to be used for dangerous liquid substances, factories manufacturing the dangerous goods shall only use such containers after results of chemical compatibility tests have proven them to be acceptable.

[Article 13] Factories which produce dangerous goods should establish and perfect a system of testing the application of the packing containers and apply to the commodity inspection body for an inspection of the use of the packing containers lot by lot. The product name, nature and classification of dangerous goods for export should be stated on the application form when applying.

CHAPTER IV APPRAISAL OF THE PACKAGING OF DANGEROUS GOODS

[Article 14] The commodity inspection body will carry out the inspection of the packaging of dangerous goods for export by sea and issue an appraisal certificate at the applicant's request. The inspection will consist of a performance appraisal and a use appraisal.

[Article 15] The commodity inspection authorities may, according to different conditions and needs, adopt appropriate methods of inspection, such as lot-by-lot inspection, periodical inspection or random checking.

[Article 16] Inspectors of the packaging of dangerous export goods must be familiar with the nature of the dangerous goods, the performance criteria of the packaging containers, relevant rules on transportation, and master the technology of testing.

CHAPTER V EXAMINATION OF THE PACKAGING OF DANGEROUS GOODS

[Article 17] Export operation departments will examine and accept the packed dangerous goods based upon performance appraisal certificates and use appraisal certificate issued by the commodity inspection authorities.

[Article 18] Storage and transportation departments shall in the course of loading, unloading, transportation and storage, strictly forbid rough handling in order to prevent the breakage of packing containers and the leakage of dangerous goods. If leakage or breakage of packing containers is found, it shall be promptly reported to the relevant departments so that the matter can be handled appropriately. At the same time an investigation should be conducted to determine the cause and responsibility, to correct any procedural loopholes and keep necessary records.

[Article 19] Port authorities should arrange the shipment of dangerous export goods based on performance and use appraisal certificates issued by the commodity inspection authorities. Packaging be strictly examined to ascertain if it corresponds to that on the certificates. Packaging should also be checked for such irregularities as breakage, leakage, pollution, serious rust or corrosion, etc. Dangerous goods with packaging which does not conform to requirements will not be allowed to be stored or loaded on board ship.

CHAPTER VI SUPPLEMENTARY PROVISIONS

[Article 20] When carrying out the appraisal of packaging for dangerous goods to be exported by sea, the commodity inspection authorities may collect appropriate fees.

[Article 21] Should applicants lodge an objection to the findings of the appraisal they may apply for a re-appraisal to be carried out.

[Article 22] The various local commodity inspection authorities may formulate detailed rules for their own implementation of inspection of packaging for dangerous goods to be exported by sea in accordance with these Measures and their specific local conditions.

[Article 23] These Measures shall come into force on July 1, 1985 and the State Administration of Import and Export Commodity Inspection will be responsible for their interpretation.