Standards, approval and compliance in China

• The Standardization Administration of China (SAC) is the central agency for all activities related to the development and promulgation of national standards.
  
  
  
  
  
• The China National Certification and Accreditation Administration (CNCA) coordinates the mandatory certification and testing matters. These include the formalities to conduct for the China Compulsory Certification (CCC) mark. CNCA is the main body responsible for overseeing conformity assessment policies. It supervises the work of the National Accreditation Service for Conformity Assessment (CNAS). It accredits certification bodies, laboratories and inspection facilities.
  
  
  
  
  
• Following a 2018 reorganization of most government agencies, SAC and CNCA are subagencies under the control of the State Administration of Market Regulation (SAMR). The latter is the administration that takes over the functions of the former AQSIQ. The latter acronym was short for General Administration of Quality Supervision, Inspection and Quarantine of the PRC (中华人民共和国国家质量监督检验检疫总局).

a. Context and strategy of the Chinese authorities in terms of standards

• Laws and regulations may refer to so-called voluntary standards, making the voluntary standard, in fact, quasi-mandatory.
  
  
• For electrical devices, information & technology items, consumer products, fire safety equipment and automotive and motorcycle parts, China requires a manufacturer to certify the safety and quality. For all these product families, the CCC certification is mandatory to sell, export or import into China.
  
  
• Other government agencies impose industry-specific norms or their testing requirements for the products under their control. These are in addition to the GB standards and the CCC mark. All of this can lead to costly and repetitive testing requirements. To check and evaluate before starting any approval process.
  
  
• China's standardization law in effect since 2018 defines a new system. It includes the development of national standards by technical committees (TCs) and allows for other standard-setting processes. Committees that develop GB standards are accredited by the SAC. TCs are composed of members from government bodies, industry associations, academia, Chinese companies, sino-foreign joint ventures and wholly foreign-owned companies. A lobbying opportunity.
  
  
• In 2019, China regulators are implementing a Standards reform policy. It includes guidelines for drafting national norms, incentives for pioneering companies to participate in standards, and a plan to revise hundreds of norms already published.
  
  
  

  Example of a CNCA accreditation certificate for a company exporting foodstuffs to China.

b. A comprehensive national standards project and norms for the long term

• China has embarked on a longer-term research project to develop a national norms strategy. This project is called China Standards 2035.
  
  
• As an illustration of this strategy, the authorities have implemented a new regulation applicable to cosmetics imported or produced in China. Since 2021, this program is called CSAR (Cosmetics Supervision and Administration Regulation). CSAR's registration and labeling requirements are updated once or twice a year by the NMPA authority . The registration requirements for selling in China are based on a case-by-case logic and differ according to a specific or ordinary purpose of the products. Particular provisions separately govern the regulations applicable to medical devices. Accordingly, the authorities regularly control that Chinese importers and distributors are duly qualified (licenses or permits).
  
  
• Another example in a sensitive sector : in April 2021, the authorities issued two decrees requiring food exporters to register on an online Chinese customs platform. This is mandatory since 2022.
  
  
• Any foreign company established in China and engaged in an import-export activity must register with an International Trade Operators Bureau. This formality is separate from the customs registration procedures. Chinese customs assigns a grade to each company that reflects its status, size and reporting behavior. Meanwhile, the social credit system (社会信用体系) launched in 2014 also aims to evaluate and regulate the behavior of companies as well as individuals.
  
  
• More globally, in direct relation to the coronavirus pandemic, we have been witnessing a struggle for influence on the mutual recognition of vaccines. Stemming from a post-Covid-19 geopolitics, it illustrates the growing importance of China in the construction of global compliance rules.
  
  

c. Product compliance and CCC approval in China

• The CCC (China Compulsory Certification) mark is the national safety and quality mark. It is required for over 430 categories of products (HS codes). If an exporter's product is on the list for CCC mandatory marking, it can only enter China after the mark is obtained (approval certificate + CCC label). These mandatory measures apply to both imported and local made products.
  
  

  	Example of a form to prepare a registration file for the Chinese CCC mark.

  
  
  
  
• Obtaining this mark involves some formalities with the Chinese certification agencies. The approval procedures take at least several months, sometimes over a year. They cost variable test fees + travel expenses for the visiting inspectors at the manufacturer's place.
  
  
• The process includes sending samples to one or more laboratories, testing to verify the product meets the specifications of applicable safety or electrical standards. The foreign applicant's production site must be inspected to verify that the range of products manufactured matches the tested samples. Finally, the testing authorities approve the application of the CCC marking logo to stick on the products.
  
  
• The list of products subject to CCC certification is regularly updated but here are the main categories :
  
  
  

  | Non-exhaustive list of products subject to CCC certification |

  1. Wires and cables 2. Switches, electrical devices for protection or connection 3. Low voltage electrical equipment 4. Low consumption motors 5. Electric tools 6. Welding tools and stations 7. Household and similar electrical appliances 8. Audio and video equipment (excluding equipment for broadcasting services and cars) 9. Information technology equipment (computers, monitors, scanners) 10. Lighting equipment (excluding equipment with a voltage lower than 36 V) 11. Telecommunications terminal equipment (telephones, terminals, etc.) 12. Motor vehicles 13. Motor vehicle tires (cycles, cars, trucks) 14. Safety glass (vehicles, buildings, trains) 15. Agricultural machinery (tractors, spreaders) 16. Latex products (condoms) 17. Medical devices (including X-ray equipment, electrocardiographs, pacemakers) 18. Fire-fighting equipment 19. Security protection products (intrusion detectors, alarms) 20. Interior decoration and remodeling products (paints, ceramics, porcelain) 21. Security parts and accessories for vehicles and motorcycles 22. Toys

  
  

• CCC Marking : Comparative solutions with approved laboratories and preparatory file for the approval of electrical products, automotive components and other safety articles.
  
  
• Preparation of CFDA approval files for foodstuff.

• NMPA registration management for medical devices, pharmaceuticals and cosmetics.
  
  
• China customs regulations monitoring : directives and regulations, classification of HS codes in China, negotiation & assistance during inspections.
  
  
• Negotiation and assistance during disputes with Chinese administrations: customs, hygiene office, free zones, Administration of Commerce, inspection services and fraud control).
  
  
• Comprehensive handling of incorporation and obtaining licenses for company setup in China.