Administrative Measures On Import And Export Coal Inspection

Original Language Title: 进出口煤炭检验管理办法

Read the untranslated law here: https://www.global-regulation.com/law/china/160540/.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
(On June 26, 2006 national quality supervision test quarantine General makes 90th, announced since on August 1, 2006 up purposes) first chapter General first article for specification import and export coal test work, protection people health and security, protection environment, improve import and export coal quality and promote coal trade development, according to People's Republic of China import and export commodity test method (following referred to inspection method) and implementation Ordinance, related legal regulations of provides, developed this approach.
    Second approach applies to inspection, supervision and administration of the import and export of coal.
    Third State administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) competent national import and export inspection and supervision work of the coal.
    State quality watchdog based in local entry-exit inspection and quarantine agencies (hereinafter referred to as the inspection and quarantine institutions) implemented as functions on the import and export of coal inspection and supervision and management.
    Fourth inspection and supervision of inspection and quarantine institutions imposed on imported coal port, to export coal production supervision and management and port inspection and supervision methods.
    Chapter II import inspection fifth import coal by coal unloading port inspection and quarantine inspection.
    Coal imports sixth consignee or his agent shall before the imported coal unloading in accordance with the provisions related to the discharge port inspection and quarantine AQSIQ Agency inspection.
    Imported coal is under the supervision of the port inspection and quarantine, in place of test conditions for discharge.
    Seventh on imported coal safety inspection and quarantine institutions, health, environmental protection and related quality, quantity, weight, to carry out the inspection, and according to the test results certificate within 10 business days.
    Untested or unqualified prohibition of sales of imported coal, used.
    Quality problems found in the eighth on imported coal, the inspection and quarantine agency shall instruct the consignee or his agent to monitor effectively found safety, health, environmental protection project is not qualified, in accordance with the relevant provisions of the commodity inspection law implementing regulations, and promptly reported to the State administration of quality supervision.
    Chapter III inspection of coal for export Nineth export coal production enterprises are located, inspection and quarantine Agency (hereinafter referred to as inspection and quarantine authorities) responsible for classification of export coal production enterprises in management and daily supervision.
    Port of export inspection and quarantine agencies are responsible for the inspection of coal for export. Tenth export coal production enterprises classification system.
    Inspection and quarantine institutions accept applications for voluntary export coal production enterprises, their trustworthiness, quality production and processing technology, production technology, quality assurance, and so on in accordance with the standards for evaluation, will export coal production enterprises were divided into a, b, c, D4 category, different conditions require a form of regulation.
    11th article according to voluntary principles, export coal production enterprise can to location test quarantine institutions proposed classification management application, application Shi should provides following material: (a) classification management applications; (ii) license copies; (three) security production license; (four) quality management system proved file; (five) Enterprise mine (station) District plane figure; (six) production process description; (seven) national quality general requirements of other material. 12th the inspection and quarantine agency upon receipt of the application, application materials should be reviewed.
    Failed to pass the examination, shall inform all applicants need to supplement content examination, shall, within 10 working days site assessment and assessment at the scene within 20 working days of confirmation of implementing classified management of categories. 13th article a, class enterprise should meet following conditions: (a) should is coal production enterprise; (ii) strictly comply with national legal regulations and the national quality General of related provides; (three) has sound of quality management system, get ISO9000 quality system certification or has corresponding of quality guarantee capacity; (four) equipped with has enough of run effective of detonators and iron clear device; (five) selected coal process can guarantee export coal quality stable; (six) export coal 2 years within not occurred had involved security, and health, and
    Environmental quality of major accidents (VII) coal export in relation to security, health, environmental protection projects in conformity with the relevant technical norms of the State statutory requirements.
    14th article b class enterprise should meet following conditions: (a) should is coal production enterprise, and processing since produced coal of export coal production enterprise, and part washing of export coal production enterprise; (ii) strictly comply with national legal regulations and the national quality General of related provides; (three) has more sound of quality management system; (four) equipped with has enough of detonators and iron clear device, and run effective; (five) export coal 1 years within not occurred had major involved security, and health, and environmental quality accident;
    (Vi) coal export in relation to security, health, environmental protection projects in conformity with the relevant technical norms of the State statutory requirements.
    15th article c class enterprise should meet following conditions: (a) should is acquisition coal processing export coal of coal shipping station, and not was evaluation for a,, and b class of coal production enterprise, and processing since produced coal of export coal production enterprise, and part washing of export coal production enterprise; (ii) strictly comply with national legal regulations and the national quality General of related provides; (three) has sound of quality management system, equipped with has enough of detonators and iron clear device, and run effective;
    (D) to provide coal mines must be approved by the inspection and quarantine institutions census, census approved by focusing on detonators and other safety, health and environmental quality index (v) coal export in relation to security, health, environmental protection projects in conformity with the relevant technical norms of the State statutory requirements.
    16th article does not apply to the classified administration of inspection and quarantine institutions, or an application, but does not meet the classification categories a, b, C3 production enterprises, and automatically included in class d enterprises. 17th relevant provisions according to the State administration of quality supervision, inspection and quarantine institutions of origin to export coal production enterprises to implement specific checks detect and inform the sampling test results.
    Proportion of checks for class a enterprise should be controlled in the declared batch of 5% to 15%; class b declared by the enterprise should control the proportion of spot checks at its batch of 16% to 45%; c enterprise sample proportion should be controlled in the declared batch of 46% to 100%; 100% of checks to class d enterprises.
    Special inspection test content developed by the State administration of quality supervision and implementation. Article 18th coal production enterprises in each batch exported coal loading before shipment, export contract or its competent authorities issued export plan, and post qualified, declared to the inspection and quarantine institutions.
    Under the day-to-day supervision of inspection and quarantine institutions, issued in accordance with the relevant provisions of the export replacement vouchers. The export of replacement vouchers are valid for 6 months, expired, export coal production enterprises or enterprises can apply for an extension to the inspection and quarantine authorities.
    After verification to confirm accuracy, the inspection and quarantine authorities, batch export Exchange certificate can be extended the validity of the voucher for 3 months. 19th export coal business enterprise should arrive at the port before unloading coal for export, according to the State administration of quality supervision inspection provisions related to the port inspection and quarantine institutions, inspection should be provided when the export of replacement vouchers.
    Not available, the port inspection and quarantine institutions not to accept inspection.
    When export coal enterprises export coal inspection should be provided coal blending, cargo picking and loading information.
    20th export after coal arrived in the port of origin, should be under the supervision of inspection and quarantine institutions, in place of test conditions for discharge.
    Export coal business enterprise shall enter the yard of the port of export coal by coal piled up, respectively, set clearly marked, shall not be mixed.
    21st port inspection and quarantine agencies for the export Exchange certificate voucher number for verification.
    22nd the port inspection and quarantine of export coal in relation to security, health, environmental protection and related quality, quantity, weight, to carry out the inspection, and according to the test results certificate within 10 business days.
    Quality problems found in the 23rd on the export of coal, the port inspection and quarantine authorities should be entrusted to deal effectively with the export coal business enterprise under the supervision of and found serious quality problems relating to safety, health, environmental protection, cannot be effectively dealt with, may be exported.
    Fourth article 24th of supervision and management in the inspection and quarantine authorities are responsible for the area of origin of coal for export production enterprises to implement daily supervision and management.
    Port inspection and quarantine agencies are responsible for the supervision and administration of import and export of coal.
    25th article origin test quarantine institutions on export coal production enterprise implementation daily supervision management of content including: (a) Enterprise comply with national legal regulations and the national quality General related provides of situation; (ii) enterprise quality integrity situation; (three) enterprise quality management system run situation; (four) detonators and iron clear device configuration situation and the run status; (five) production processing process situation; (six) special checks detection; (seven) quality problem survey; (eight) other need check of situation.
    Should be under the day-to-day supervision and management of inspection and quarantine institutions, set up production archive of corporate governance.
    Article 26th production inspection and quarantine agencies on classified management of export coal production enterprises each year to conduct a review.
    27th organizations according to the results of the annual appraisal, supervision, inspection and quarantine of archive information and feedback port inspection and quarantine agencies on export coal production enterprises to implement dynamic management, and upgrade or downgrade provisions according to the AQSIQ.
    28th article on has following case one of of export coal production enterprise, origin test quarantine institutions should ordered its deadline rectification, rectification during suspended to the enterprise issued exit goods for card vouchers, and reported national quality General: (a) found has not integrity behavior of; (ii) refused to accept or deliberately escape regulatory of; (three) found detonators and iron clear device configuration not complete or run not normal of; (four) occurred involved security, and health, and environmental quality problem, plot serious of;
    (E) specific checks detect batch more than the declared batch 5%.
    Inspection and quarantine institutions reviewed, after rectification in accordance with relevant provisions of the State administration of quality supervision business resumption issue replacement vouchers of the exit of goods.
    29th export coal production enterprises and trading enterprises shall improve the quality management system and perfect quality assurance system and strengthen quality awareness, and accept the supervision and administration of inspection and quarantine institutions, ensure coal quality in line with national security, health, environmental protection and technical specifications mandatory requirements.
    30th port inspection and quarantine agencies in accordance with the compulsory requirements of the technical norms of the State on the import and export of coal removal, quality inspection of supervision and management.
    31st state general administration of quality supervision, inspection and quarantine agencies shall, in accordance with foreign trade and the need to take effective measures and streamline procedures to facilitate import and export.
    Coal for export and inspection and supervision of inspection and quarantine procedures, and qualified, you can take the form of electronic data files.
    32nd port inspection and quarantine authorities and the inspection and quarantine agencies shall establish a mechanism for rapid transmission of information, implementation of electronic information transfer.
    The inspection and quarantine agencies with the inspection and quarantine agency shall export coal inspection and supervision every 3 months inform each other, and timely communication on major issues in the inspection and supervision.
    Inspection and quarantine agencies shall promptly inform the port inspection and quarantine institutions classified assessment of export coal production enterprises within the jurisdiction. Article 33rd port inspection and quarantine agencies import and export coal quality analysis should be conducted once every six months, reported to the State administration of quality supervision.
    Coal quality analysis shall be sent to the relevant inspection and quarantine authorities.
    34th entry inspection and quarantine institutions should be collected at home and abroad reflected strong imports and exports of coal mine safety, health, environmental protection and quality issues reported to the AQSIQ.
    AQSIQ imported coal related to safety, health and the warning notification, environmental protection is an issue.
    35th inspection and quarantine institutions to forge, alter, fraudulently use the export Exchange certificate vouchers and other acts in violation of the relevant provisions of the commodity inspection law and handled in accordance with the relevant provisions of the commodity inspection law.
    36th inspection and quarantine institutions and their staff members to discharge their duties, shall comply with the law, to protect national interests and in accordance with legal authority and legal procedure strict law enforcement, and accept their supervision.
    Inspection and quarantine staff should receive regular training and assessment, examination, before they can post to perform his duties.
    Inspection and quarantine staff should be devoted to their duties, civil service, comply with professional ethics, not abuse, for personal gain.
    37th violation of commodity inspection law inspection and quarantine staff, leaked confidential the business secrets shall be given administrative sanctions, has illegally obtained, confiscation of illegal income constitutes a crime, criminal responsibility shall be investigated according to law.
    Inspection and quarantine functionary, intentionally, favoritism and falsification of test results, or neglect, delay test certificate shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Fifth chapter supplementary articles article 38th by the origin of shipment, means of transport has not been replaced, the original direct transport of export coal transport, in accordance with the provisions of the commodity inspection law regulations for the implementation of inspection, Inspection of the port monitor.
    39th before the publication of these measures have been carried out by the inspection and quarantine authorities classified management of export coal production enterprises, the inspection and quarantine agencies still follow the original taxonomy management regulatory category for the companies we regulate.
    40th article of the approach by the AQSIQ to interpret.
                                                  41st these measures shall come into force on August 1, 2006, originally released by the State administration for entry-exit inspection and Quarantine Bureau in the regulation on inspection of coal for export (State inspection and Quarantine Bureau, 18th) repealed simultaneously.

Related Laws