The Safety Supervision and Inspection of Special Equipment has had new Measures introduced by the State Administration for Market Regulation (SAMR). They came into effect on July 1, 2022. The introduction of these Measures will help market regulators carry out the safety supervision and inspection of special equipment.
The “Measures” are special regulations and update previously issued “Rules for on-site safety supervision and inspection of special equipment (hereafter as Rules),” which were published in 2015.
The previous “Rules” were normative documents whose legal effect and hierarchy were insufficient to meet the current needs of the safety supervision of special equipment in China.
Through the issuance of special regulations (the Measures), the inspection, examination, investigation, administrative enforcement, and other activities during the safety supervision and inspection are now regulated.
Some highlights of the Measures:
1. Clarified classification of supervision and inspection
In response to the lack of a clear category on supervision and inspection in the “Law on Safety of Special Equipment of the People’s Republic of China, the “Measures” supplement the supervision and inspection classification and specify inspection content.
- “Post-licensing Supervision and Inspection” is clearly listed and will be carried out by local authorities in accordance with annual plans;
- “Special Equipment Manufacture without a License” is listed as a “serious accident risk situation. If such a situation is discovered by the local market supervision authorities, then this will be reported to higher-level authorities for action and any sanctions will be based on the Regulations on Safety Supervision of Special Equipment.”
2. Expanded monitoring and inspection procedures to improve the inclusiveness of administrative enforcement
The “Measures” legalize the participation of special equipment inspection agencies and related professional and technical personnel in supervision and inspection.
The Measures also strengthen and reinforce that the primary responsibility lies with companies through allowing non-compliant enterprises to carry out their own rectification measures to eliminate safety hazards and submit rectification reports. In this way the regulator can use various methods such as on-site inspection and material verification to eliminate hazards.
3. Refined ways and means of supervision
The “Measures” clarify the responsibilities undertaken by the Administration for Market Regulation at all levels (i.e., State and Province) in various types of supervision and inspection.
The post-licensing supervision and inspection of non-Chinese companies are organized and carried out by the market supervision department that administers the administrative license (i.e., Special Equipment Safety Administration Bureau (SESA) and Special Equipment Licensing Office (SELO)) or delegated to a lower-level market supervision department.
If you would like more information on how the Measures for the Safety supervision and Inspection of Special Equipment affect your products, or to find out more about our certification services to obtain the China Manufacture License, please contact us.