Supervision and Management Regulations for Imported Civilian Nuclear Equipment (HAF604)

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Thursday, 13 January 2011 00:00

Contents

. Chapter 1 General Rules
. Chapter 2 Registration of Overseas units
. Chapter 3 Supervisory and inspection of National Nuclear Safety Administration
. Chapter 4 Manufacture supervision, examination before shipping, supervision of encasement and check of nuclear components by users
. Chapter 5 Safety Examination of Imported Civilian Nuclear Safety Components
. Chapter 6 Legal Responsibilities
. Chapter 7 Supplementary articles

Chapter 1 General Rules

Article 1 These regulations are enacted in accordance with “Civilian Nuclear Safety Components Supervision Management Regulation Rules” with the purpose of strengthening civilian nuclear safety components importing supervision and management.

Article 2 These regulations apply to management of registrations of overseas units which design, manufacture, install civilian nuclear safety components for civilian nuclear facilities and carry non-destructive examination on these facilities within the People Republic of China, and also apply to safety examination of imported civilian nuclear safety components.

Article 3 National Nuclear Safety Administration (hereinafter abbreviated as NNSA) is responsible for the registrations of overseas units. NNSA supervises and manages overseas units’ activities of designing, manufacturing, installing nuclear safety components and carrying non-destructive examination on these components.

NNSA and subsidiary agencies carry safety examinations for imported civilian nuclear safety components in accordance of law.


Article 4 Units which run nuclear facilities shall write definitely the following items in the international trade contracts relating civilian nuclear safety components:
1.Overseas units shall cooperate with NNSA in the process of supervision examination;
2. Requirements of manufacture supervision, examination before shipping, supervision of encasement and check of nuclear components;
3. Related issues about the technology condition and safety examinations of the imported nuclear safety component.


Chapter 2 Registration of Overseas Units

Article 5 Overseas units shall apply registration in NNSA in advance。 Units which plan to carry civilian nuclear safety components designing, manufacturing and installing activities shall apply for registration according to classification of activities (designing, manufacturing, installing), classification and nuclear safety lever of components.

Units which plan to carry civilian nuclear safety components non-destructive examination shall apply registration according to methods they use. Non-destructive examination methods include: ray test (RT), ultrasonic test (UT), magnetic test (MT), eddy current test (ET), penetration test (PT), leakage test (LT), visual test (VT), etc.


Article 6 Overseas unit which applies for registration shall meet the requirements set in article 31 of Civilian Nuclear Safety Components Supervision Management Regulation Rules, including:
1. Abides by laws, regulations of People Republic of China;
2. Is a legal company in its own country;
3. Has achievements and at least 5 years of experiences in the field related to the activities planning to do;
4. Has workplace, facilities, component matched the planned activities to do and qualified professional technical staff;
5. Has a quality assurance system matching the planned activities;
6. Has got a corresponding certification from the nuclear safety management department of its own country;
7. The technology used for designing, manufacturing, installing and non-destructive examination is mature and has been tested;
8. Adopts national standard of People Republic of China on civilian nuclear safety components or standard ratified by NNSA.


Article 7 When applying for registration, overseas unit shall supply the following materials:
1. Registration application form for overseas unit; 
2. Certification of being a legally set company in its own country (region);
3. Corresponding Certification from the nuclear safety management department of its own country or other proof materials to prove the company’s qualification;
4. Materials about its related achievements in the field;
5. Materials about its facilities, staff, technology and ability to implement standards, which can prove that the company is able to do the nuclear component, related work.
6. Corresponding quality assurance outlines or quality management handbooks;
7. Other materials NNSA asks for.

All the materials should be written in Chinese or be supplied with an English version and a Chinese version.


Article 8 NNSA shall accept the application where the application materials pass a preliminary examination.


Article 9 NNSA shall finish examination of the registration application in less than 45 work days. If the unit meets the requirements, NNSA shall approve the application, give the unit a “People Republic of China of Registration Certification of Overseas Units Carrying Nuclear Safety Components Related Activities”, and make an announcement; If not, NNSA shall inform the applicant and give reasons.

In the process of examination, NNSA can organize experts to do technology evaluations and send its members to the overseas unit to do field inspections. Time spent on technology evaluations and field inspections will not be included in the time limit.


Article 10 Registration Certification are classified as four kinds:
1. People Republic of China of Registration Certification of Overseas Units designing Nuclear Safety Components;
2. People Republic of China of Registration Certification of Overseas Units manufacturing Nuclear Safety Components;
3. People Republic of China of Registration Certification of Overseas Units installing Nuclear Safety Components;
4. People Republic of China of Registration Certification of Overseas Units carrying non-destructive examinations.


Article 11 Registration Certification shall include the following items:
1. The unit’s name, country (region), location and legal representative;
2. Classification and range allowed to registration;
3. Registration Certification’s period of validity;
4. Series No of the Registration Certification;
5. The department which issues the certification and issues date.

Article 12 NNSA shall give a copy of the registrations to nuclear industry management department and other related departments.

NNSA shall announce the registration term.

Article 13 Registration Certification’s period of validity is 5 years.

Where a unit plans to continue related activities after expiry date of Registration Certification, it shall reapply registration 6 months before the expiry date.


Article 14 Where a unit registered changes its name, country, location or legal representative, it need to apply for alteration of registration certification in less than 30 days after the alternation of these items in its own country. The following materials shall be provided to the NNSA:

1. Registration alternation application form;
2. Copy version of the original Registration Certification;
3. Explanation of alternation and related proof materials;
4. Other materials NNSA asks for

NNSA shall verify the alternation of overseas unit. Where the alternation is true, the registration certification alternation application shall be allowed. The original registration certification’s period of validity shall apply to the altered one.


Article15 Where a unit wants to alter classification and range of its activities, it shall reapply to NNSA.


Article16 Units are prohibited carrying nuclear safety components designing, manufacturing, installing and non-destruction examination activities without a registration certification or beyond the classification and range of the registration certification.

Overseas units are prohibited entrust domestic units without civilian nuclear safety components licenses or overseas units without registration certification to carry nuclear safety components designing, manufacturing, installing and non-destruction examination activities for civilian nuclear facilities in China.

It is prohibited to counterfeit, transfer registration certification.

Article 17 Registered overseas unit, when carrying nuclear safety components designing, manufacturing, installing and non-destruction examination activities for civilian nuclear facilities in China, shall abide by laws, rules and nuclear supervision and management regulations and be responsible for the quality.

Chapter 3 Supervisory and inspection of NNSA

Article 18 When overseas unit which have registered carry on the civilian nuclear safety component design, manufacture, installment and nondestructive test of domestic civilian nuclear facility, the unit shall accept supervisory and inspection of the Stage Council nuclear safety Supervisory Department and its agency, reflects the situation truthfully, and provides the essential material.


Article 19 The user shall submit written report to NNSA and its agency. The content of written report shall include the related quality and the technical articles of the contract, the technical appendix of the contract, the deadline, the overall progress, etc…


Article 20 According to the report submitted by The user, NNSA and its agency shall determine the needed content, design the related content of supervisory and inspection, and notice the business unit by written paper. 

Transport business unit shall notify NNSA by written paper 2 month earlier than the date determined in the plan of supervisory and inspection.


Article 21 In the progress of inspecting the civilian nuclear safety component design, manufacture, installment and nondestructive test carried on by the overseas unit, NNSA and its agency is authorized to take the following measures:

1. Find out the situation from Coherent units’ legal representatives and other concerned people;
2. Enter the Coherent units to carry inspection on the spot;
3. Read, inspect and duplicate the related document, records as well as other pertinent data;
4. As regards to discovery quality question or flaws, charge The user to investigate and address, and submit the related situation explanation and the following processing report.

When NNSA and its Agency carry on supervisory and inspection, transport business unit shall coordinate them in the scene.


Article 22 When NNSA and its Agency carry on the supervisory and inspection, they shall record the inspection content, the discovered problems, and its processing, and the record shall be signed by the control inspection personnel, The user personnel and the concerned people in charge of supervised and inspected unit.

When refused to sign by the concerned people in charge of supervised and inspected unit, the supervisory and inspection personnel shall record.


Chapter 4 Manufacture supervision, examination before shipping, supervision of encasement and check of nuclear components by users

Article 23 The user shall do manufacture supervision, examination before shipping, supervision of encasement and check of nuclear components imported.


Article 24 The user shall have enough people who have the corresponding specialized knowledge and the professional ability to inspect the civilian nuclear safety component before transport, inspect and install the civilian nuclear safety component, and inspect and then accept importing the civilian nuclear safety component.


Article 25 The user shall formulate the plan of supervisory and manufacture, inspection before transport, supervisory and installment and inspection and then acceptation, and establish the corresponding inspection request.

The people who are in charge of supervisory and manufacture, inspection before transport, supervisory and installment and inspection and then acceptation shall carry out the plans of supervisory and manufacture, inspection before transport, supervisory and installment and inspection and then acceptation, and inspect the request.


Article 26 The user shall confirm the quality of the design of import civilian nuclear safety components.

 
Article 27 The user shall inspect and verify the quality of the design of import civilian nuclear safety components.

As regarding the regulations before, shall adopt theses ways such as confirmation ion the spot, document examination and so on. If necessity, may adopt re-check method.


Article 28 The user shall supervise quality assurance outline of registered overseas unit or operation of quality inspective manual.


Article 29 Related people of The user shall make a record of inspection, confirmation or the contents of supervisory and inspection, discovered issues and disposal situation. If they find out illegible contracts and related regulations, transport business unit shall dispose in time, and submit the related situation to NNSA.


Chapter 5 Safety Examination of Imported Civilian Nuclear Safety Components

Article 30 NNSA and its subsidiary agencies shall do safety examination of imported civilian nuclear safety components in accordance with law. Safety examination can be done by independent inspection or verification.

The imported civilian nuclear safety components which have not passed examination shall not be used in civilian nuclear facilities in People Republic of China.


Article 31 Safety Examination of Imported Civilian Nuclear Safety Components bases on the following items:
1. Laws, rules and nuclear supervision and management regulations of China;
2. National standards, industry standards or other standards on civilian nuclear safety components which is ratified by NNSA;
3. International trade contracts;
4. Specification of related components.


Article 32 Staff carrying safety examination of imported civilian nuclear safety components shall be familiar with corresponding law, rules, standards and related technology files, holding capable examination skills.


Article 33 The user of imported civilian nuclear safety components shall report to NNSA and its subsidiary agencies before the components arrive at custom, apply for examination and provide the following materials:
1. Imported civilian nuclear safety components examination application form;;
2. Copy of overseas units’registration certification;
3. Order of the products;
4. Quality Certification.

The above materials shall be provide in English or Chinese.


Article 34 NNSA and its subsidiary examination agencies shall check up the examination application materials provided by the user of nuclear components in accordance with these regulations. If necessary, examination can be carried at the custom

If the requirements are met, examination agencies shall endorse an “Imported civilian nuclear safety components check release”. The user can use this release for commodity inspection procedures of related agencies. If not, examination agencies shall inform the user literally and give reasons.


Article 35 The user shall report to NNSA and its subsidiary examination agencies 20 work days before Opening inspection and provide the following materials:

1. Assembling drawings, pre-test reports and similar files;
2. Reports stating the results of the user’s supervision, pre-shipment inspection, monitoring, checking before accepting;
3. Reports stating problems found in supervision of Nuclear Safety Supervision and Management Department and corresponding disposal;
4. Activities go against regulations;
5. Other materials NNSA asks for.

The above materials shall be written in Chinese or English.

NNSA and its subsidiary examination and its subsidiary examination agencies shall verify the materials and send staff to field before opening examination.

The user shall not open the package to begin inspecting before safety examination staff arrives.


Article 36 After opening examination, NNSA and its subsidiary examination agencies shall give out examination report in less than 20 work days.

If the components fail to pass the examination, reasons shall be given in the examination report and the user shall not install or debug.


Article 37 NNSA and its subsidiary examination agencies shall supervise the test before installation and fuel load which relates to safety.

The runner of civilian nuclear facility shall inform NNSA and its subsidiary examination agencies 30 work days before safety related test of imported civilian nuclear safety components. NNSA and its subsidiary examination agencies shall witness the test in certain areas and make witness records.

NNSA and its subsidiary examination agencies shall give out examination report in less 30 work days after all the safety related test of imported civilian nuclear safety components.

 

Article 38 NNSA and the respective inspection organization shall safety inspection report after the inspection of document report, box-opening inspection, test inspection of debug stage before installment and loading material and safety quality.

As regarding unqualified unit of safety inspection, the civilian nuclear component transport business unit shall not operate and use.


Article 39 Import civilian nuclear safety component control inspection personnel and the safe examination personnel shall keep technologic and business secrets for inspected unit; shall not abuse power to infringe enterprise’s legitimate rights and interests, or receive the belongings with the convenience of duty; shall not engage in or participate civilian nuclear safety component operative activity.


Article 40 The safety inspection of NNSA and the respective inspection organization shall not reduce or shift related liability of overseas units and The users.


Chapter 6 Legal liability

Article 41 If NNSA and its agency, the related inspection organization and the related staff would make one of following behaviors, they shall be punished according to law; If this behaviors belong to illegal, they shall be investigated their criminal liability:
1. not give accepts and registration to the application for registration which conforms to the regulations;
2. not check and dispose discovered illegal behavior, or not dispose complained behaviors according to law;
3. release technologic and business secrets of inspected unit;
4. abuse power to infringe enterprise’s legitimate rights and interests, or receive thebelongings with convenience of duty;
5. engage in or participate in the civilian nuclear safety component operative activities
6. have other illegal behaviors in supervisory work of importing civilian nuclear safety component management.


Article 42 If overseas unit would make one of following behaviors, the State Council nuclear safety supervisory and inspection management department, according to the plot, scratches or withdraws registration confirmation:

1. violate related laws and administrative rules of the People’s Republic of China and management regulations of nuclear safety supervisory and inspection.

2. Engage in the civilian nuclear safe component design, manufacture, installment and nondestructive test not in accordance with active type and scope of registration confirmation manual;

3. changed the name of the unit, the country (area) or legal representative don’t transact registration confirmation not in accordance with regulation;

4. deceptive behaviors such as modifying, transferring registration confirmation and so on.


Chapter 7 Supplementary Articles

Article 43 The overseas unit which applies for the civilian nuclear safety component manufacture and installment which have inspected its civilian nuclear safety component by itself need not to apply for registration of nondestructive test activities alone.


Article 44 If civilian nuclear facility transport business unit entrusts suppliers of civilian nuclear safety component set, general contractors of civilian nuclear facility and nuclear island or run holders of civilian nuclear safety component to purchase , entrusted unit shall undertake related liability of transport business unit in regulation. But transport business unit shall undertake the comprehensive responsibility of use and operative safety importing civilian nuclear safety component.


Article 45 The related terminology’s meaning of this regulation are as follows:

Safety inspection: refers to inspect or confirm safety quality of civilian nuclear safety components based on the premise that supervisory and manufacture, inspection before loading and transport and supervisory and loading are all qualified.


Article 46 This regulation becomes effective from January 1, 2008

 

 

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