China’s State Administration for Market Regulation On August 31 submitted a TBT notification to the World Trade Organization (WTO) to inform it of a draft regulation called the Regulation on Energy Conservation and Environmental Protection Technology for Boiler (the “Regulation”) as a set of special equipment safety technical standards (特种设备安全技术规范 [TSG]) of China.
Comments will be accepted for 60 days after the notification. The draft is expected to be approved 90 days after the notification and come into effect in another 180 days. According to the Regulation’s superior law called the Special Equipment Safety Law (特种设备安全法), TSGs must be followed when special equipment is produced, handled or used. Here is an overview of the draft Regulation.
Scope
The Regulation applies to boilers and their accessories on the Special Equipment List, including gauges, water treatment systems and regulating devices. The list was created under the Special Equipment Safety Law.
A boiler is defined as follows in the Special Equipment List:
A piece of equipment that uses any type of fuel, electricity or any other form of energy to heat the liquid inside it up to a certain temperature and transmit the thermal energy out through a medium to provide it for use. Boilers include the following types: high-pressure steam boilers (承压蒸汽锅炉) have a rated pressure of 0.1 MPa or greater (gauge pressure) and are designed to hold 30 L or more of water at a normal water level; high-pressure hot water boilers (承压热水锅炉) have a water pressure of 0.1 MPa or greater (gauge pressure) at the drain outlet and a rated output pressure of 0.1 MPa or greater; and organic heating medium boilers (有机热载体锅炉) have a rated output of 0.1 MW or greater.
Basic requirements
Boiler-related businesses may not produce, import, sell or use boilers that do not comply with the energy conservation and environmental protection requirements, or boilers that the state has stated should be abolished. In addition to the Regulation, these requirements are considered to include the following and other rules:
- TSG G0002—2010 Supervision Administration Regulation on Energy Conservation Technology for Boiler:
http://www.samr.gov.cn/tzsbj/zcfg/aqjsgf/aqjsgf/201906/P020190621529689332025.pdf - TSG G0003—2010 Energy Efficiency Test and Evaluation Regulation for Industrial Boiler:
http://www.samr.gov.cn/tzsbj/zcfg/aqjsgf/aqjsgf/201906/P020190621529688417720.pdf
The Regulation sets energy conservation and environmental protection requirements for the design, production and installation of boilers.
The full text of the draft Regulation (in simplified Chinese) is available at
https://members.wto.org/crnattachments/2021/TBT/CHN/21_5478_00_x.pdf.
You can see the details of the TBT notification to the WTO (G/TBT/N/CHN/1624; in English) at
http://tbtims.wto.org/en/RegularNotifications/View/173956?FromAllNotifications=True