China Introduces New Regulations for Air Transportation of Hazardous Materials

On February 4, 2024, the Chinese Ministry of Transport (MOT) publicly released the revised Regulation on Administration of Transport of Dangerous Goods by Air (CCAR-276-R2). This updated regulation is designed to ensure safe, well-regulated, and efficient transport of dangerous goods by air. The new regulation will take effect on July 1, 2024, replacing the previous version (CCAR-276-R1) from 2016. Here is some key information:

1. Precise supervision and simplified licensing requirements: The revised regulation streamlines licensing requirements by reducing the materials needed for applying for a license to transport dangerous goods. It also simplifies the categories of licensing for airlines from Hong Kong, Macao, Taiwan, and foreign countries, aiming for differentiated and precise supervision.
2. Responsibility for Safety: Enterprises are now expected to assume primary responsibility for the safety of transporting dangerous goods. The regulation specifies requirements for shippers, shipper’s agents, ground service agents, and airlines regarding the handling of dangerous goods.
3. Emergency Response: The regulation highlights the significance of having emergency response capabilities in place. Shippers and their agents are required to provide precise emergency response measures while transporting hazardous goods. Airlines and ground service agents should also include contingency plans and perform exercises related to the transportation of hazardous goods.
4. Safety Management System (SMS): Airlines and ground service agents are required to establish and operate an SMS specifically for the air transport of dangerous goods.
5. Legal Liability: The regulation distinguishes between corporate violations based on the severity of actions, standardizes punishment criteria, and prevents minor violations from entering the administrative penalty procedure through different administrative processing requirements.

Impact on Industry

These new regulations will significantly impact the air transport sector, particularly for companies involved in shipping and handling hazardous materials. Compliance with the updated guidelines will be crucial for businesses operating in this space.