Problems relating to Trade and Investment on China

 
19. Industrial standards, approval of safety standards
Issue
Issue details
Requests
Reference
(1) Formulation of Unique National Standard without International Compatibility - In regard to the information security on office equipment (printers, copiers, etc.), GOC has formulated its own unique standards, which are incompatible with international standards, such as ISO, and IEC. This presents problems upon the business operation.
In addition, GOC is advancing its study for drafting the national standard concerning re-manufacturing of copiers and multifunction peripheral. The national standard being formulated includes problematic provisions in light of the original manufacturers' product warranty.
- In regard to monitoring system such as network cameras, GOC has created its own state standard, which is incompatible with international standards, such as ISO, IEC, etc.
It heavily burdens manufacturers for changing the product designs, to make them compatible with the unique PRC state standards, such as highland and tropical versions, which are incompatible with international standards.

- GOC's own unique standard on information security products heavily burdens manufacturers, such as special specifications for use in highlands and tropical regions.
- It is requested that GOC:
-- observes WTO/TBT Agreements, and formulates National Standards, which are internationally compatible, and
-- reflects comments from Japan, to the extent they are reasonable, in the National Standards.
- It is requested that GOC:
-- observes WTO/TBT agreements, and formulates national standards, which are internationally compatible,
-- eliminates difficulty by making it compatible with the world standard.

- It is requested that GOC:
-- eliminated difficulty, and
-- makes its national standard compatible with the international standards.
- The Standardization Law
- Regulations for the Implementation of the Standardization Law
- GB/T 28181-2011
- GB4943.1-2011
  (Action)
- During the period of 5 March through 15 March, 2014, PRC Ministry of Industry and Industrial Information sought Public Opinion concerning the Re-Examination Results over the 987 items of Industrial Standards.
- On 1 July 2014, Standardisation Administration Commission promulgated 108 items of National Compulsory Standard and 99 items of Recommended National Standard (Enforced on 22 January 2015)
- On 14 July 2014, Ministry of Industries and Information announced Industrial Standards for 676-items (for Machines, Auto-Vehicles, Aircrafts, Light Industrial Products, Textiles, etc. (of which 41 items for Aircraft Industry are compulsory, while the rest are recommended) (Enforcement from 22 January 2015).
- On 21 July 2014, China State Administration of Quality Inspection promulgated Notification No. 23 [2014] on Implementing Rules for the China Compulsory Certificate System (enforced on 1 September 2014), amending the CCC Implementing Rules on 17-items of .Electrical Appliances, and Applicable Certification Standard, expanding the range of Applicable Products to cope with the technical breakthrough, new products development, and improvement in the Applicable Certification Standard.
- On 15 September 2014, General Administration of Quality Supervision, Inspection and Quarantine, and Standardization Administration jointly promulgated State Standard on 259-items of electric appliances, information technology products, steel products, etc., of which 29-items are compulsory, and 230-items are recommended (Enforcement during 2 July 2015-1 October 2014)
(State Standard Announcement [2014] No.21)
- In August 2015, national standard for lithium-ion battery for cellular phones has been promulgated.
(2) Vexatiously Complex and Nebulous Procedures for Acquisition of Compulsory Product Certification - As it stands, under Provisions of General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ), importers must submit China Compulsory Certificate to AQSIQ.
Depending upon country/manufacturer, it is difficult to obtain CCC in the exporting country. In such cases, special measures such as CCC exemption are available for importers, who must fill in numerous documents, requiring much person-hour for submission.

- CCC Mark (under China compulsory product certification system) is subject to stringent control, requiring production of numerous documents. It takes a lot of work-time for filing application.
- Spare parts for a machinery (delivered to a customer), subject to China Compulsory Certification (CCC), cannot be delivered to customers without the CCC label, while many spare parts are not CCC certified. Therefore, MFS is unable to dispatch the spare parts.
- It is requested that AQSIQ streamlines the CCC exemption procedures.
- It is requested that AQSIQ cuts down the examination time period.
- It is requested that GOC authorises import of spare parts bearing the JIS Label, etc., also, other than CCC.
- Provisions on the Administration of Compulsory Product Certification (2008)
- Incorporation into GB5296.2-2008, etc.
- Provisions of AQSIQ
  (Action)
- On 17 April 2001, State Administration of (Quality and) Technical Supervision (SAQTS) and State Administration of Entry-Exit Inspection and Quarantine (SAEEI) were merged to form the General Administration of Quality Supervision, Inspection and Quarantine (GAQSIQ) to initiate unification of the safety standard certification system. On 1 August 2001, certification departments of both SAQTS and SAEEI were merged to form Certification and Accreditation Administration (CNCA). In December 2001, GAQSIQ and CNCA announced unification of the 4 issues, in order to realise national treatment commitment made upon its accession to WTO. These are: Product list; Standards, Technical Regulations and Procedure to determine Acceptance; Certification Mark; and Fee Schedules. As a result, 4 sets of legislation were promulgated on 3 December 2001, and on 1 May 2002, new China Compulsory Certification was created, and CCC Mark was initiated. Accordingly the 4 sets of legislation were published on 3 December 2001, and on 1 May 2003, a China Compulsory Certification was newly established to put into effect the CCC marking on or after 1 May, replacing the Changcheng Label, and the CCIB Mark, the use of which was discontinued by the end of April 2003. However, because of the abrupt spread of the SARS issue, enforcement of the CCC marking, which had been scheduled to become fully effective from 1 May 2003, had to be postponed to 1 August 2003.
- At the TBT Committee held in November 2007 on China's Transitional Review Mechanism, GOJ representative "highlighted some issues contained in his delegation's submission (G/TBT/W/278). He referred to the China Compulsory Certification system (the "CCC System"). Under this system, no foreign conformity assessment bodies ("CABs") had yet been accredited by China according to Article 13 of the Regulations of PRC on Certification and Accreditation, which permitted only Chinese CABs to engage in CCC certification activities. Japan considered this provision to be inconsistent with the objective of Article 6.4 of the TBT Agreement and with China's commitment in Paragraph 195 of the Report of the Working Party." GOC in reply repeated the same position as last time; "The ratification of bilateral Mutual Recognition Agreement (MRA) between Japan and PRC is required before foreign CABs are authorised to carry out examination for Certification and Accreditation."
- In December 2007 at the meeting between GOJ (METI) and GOC (GAQSIQ), working schedule was agreed to complete the following within 3-years to pave the way for MRA:
1) Exchange of information between the two countries concerning the conformity assessment system and implementation of comparative analysis;
2) Discussion of the scope and form of mutual recognition; and
3) Organisation of the results of such study.
- On 16 July 2009, the General Administration of Quality Supervision, Inspection and Quarantine (GAQSIQ) promulgated an electronic version of Announcement No.117 on Provisions of the Administration of Compulsory Product Certification promulgated on 3 July 2009, and came into force on 1st September 2009.
The Provisions comprise of 6 Chapters and 62 Articles, and stipulate Accreditation Process for the China Compulsory Certification (CCC) and embody the following 4 basic principles:
1) Uniform compulsory, and optional standards, and compatibility evaluation procedure
2) Uniform catalogue
3) Uniform CCC mark
4) Uniform level of inspection fees and commissions
- On 1 September 2009, Provisions on the Administration of Compulsory Product Certification (2008) (amendment) was promulgated. Compared to the old Provisions, this Amendment is appreciated in regard to: (1) more precisely defined provisions for certification, (2) imposition of more rigorous terms of the activities for the certifying agency, (3) Strengthened supervisory responsibility of the major agency, and (4) provisions of a number of clearly defined fines.
- On 11 May 2011, AQSIQ issued "Notice to Amend Implementation Rules for Provisions on the Administration of Compulsory Product Certification for Certain Electrical and Electronic Products", enforced on 1 August 2011. Electrical and electronic subject to the Rules are: (1) electric wire parts (2) plugs and sockets for home use, (3) fixed electric switching device for home and similar use, (4) industrial plugs and sockets, and connectors, (5) home use and similar connectors, (6) thermal cutoff, (7) electrical accessories for fixed electric device for home and similar use, and (8) tubular thermal cutoff for small fuse. The Notice aims at streamlining the acquisition procedures for CCC, reducing the cost to enterprises for CCC, and facilitating implementation of CCC.
  (Improvement)
- GOC has established the uniform basis for both import and domestic goods in terms of the list of the subject products, technical standards, labeling, and cost basis.
- GOC has made a significant improvement in assuring transparency, among others, by beginning to provide information at its web page, etc.
- In September 2014 under "Rules for General Requirement on Factory Inspection, etc." was promulgated, GOC announced the policy to allow enterprises of good standing to receive the 1st factory inspection after acquisition of certification. From the end of 2014, China Quality Certification Centre (CQC), under China certification & inspection group (CCIC), started this procedure, contributing toward alleviating the burdens in the industrial world.
(3) CCC Acquisition & its Cost - The 3C Certification, etc. is necessary for imported goods for which certification cost is incurred. - It is requested that GOC simplifies the acquisition procedures and reduces the cost. - The 3C Certification, etc.
(4) Overly Rigorous Standard for Storage of Dangerous Substances at Factory - "Allowable volume is too low for dangerous substances storage at factory. Allowable volume is 2-3 times of actual daily usage," according to the Fire Defense Bureau. However, it is impossible to operate the factory with this stock level. - It is requested that GOC increases the allowable stock level of dangerous substances at factory.
(5) Incompatible Energy Efficiency Label Implementing Rules and their Implementation - Under measures for the administration of Energy Efficiency Labels (MAEEL), the registration deadline is maximum 30-days from the First Day of the Label Use (FDLU). Nevertheless, on imports, by CIQ inspection, registration must be completed upon customs clearance, contrary to MAEEL. Importing enterprises must further advance (by 30-days, approx.) the product registration. This requirement materially hinders product renewal, import and sales. - It is requested that GOC takes step to synchronize the CIQ requirements and MAEEL. Should CIQ inspection upon customs clearance fall on a day within 30-days of FDLU, it is further requested that customs clearance is completed without needing completion of registration. In such a case, there could be no problem, since market supervision administration should be able to conduct inspection. - Measures for the Administration of Energy Efficiency Labels
(6) Grace Period is too short in the Rules for Implementing Energy Efficiency Labels - After MAEEL promulgation, GOC's delayed decision on substantive details, such as label design, registration method, etc., so that it leaves hardly any days before the start of its implementation. Export oriented enterprises face severe difficulty in planning ahead from production schedule to transport arrangements, because of the delayed receipt of the authority's information. - It is requested that MOC & Other concerned authorities will:
-- provide implementing details within reasonable schedule, and
-- normally publish detailed information indispensable for making requisite preparation upon promulgation of MAEEL.
- Measures for the Administration of Energy Efficiency Labels (MAEEL)

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