[Interpretation of the Special Equipment Safety Law] Article 2

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Article 2 This Law applies to the production (including design, manufacturing, installation, modification, and repair), operation, use, inspection, testing of special equipment, as well as the supervision and management of the safety of such equipment. The special equipment referred to in this Law includes boilers, pressure vessels (including gas cylinders), pressure pipelines, elevators, lifting machinery, passenger cableways, large-scale amusement facilities, and special motor vehicles used within premises (factories), as well as other special equipment that is stipulated by laws and administrative regulations to be subject to this Law, given their high risk to personal and property safety. **A catalog management system is implemented for special equipment. The catalog of special equipment is formulated by the department under the State Council responsible for the supervision and management of special equipment safety, and shall come into effect after being approved by the State Council. Interpretation of the Article: This article deals with the scope of application of the Special Equipment Safety Law, the definition of special equipment, and the list of special equipment. I. This Law stipulates that the scope of application of the Special Equipment Safety Law includes production (including design, manufacturing, installation, modification, and repair), operation, use, inspection, testing, as well as supervision and management. (1) Bringing the safety aspects related to the production, operation, use, inspection, and testing of special equipment under the scope of this Law is an effective means of ensuring equipment safety. For example, accidents involving boiler and pressure vessels often occur during use, and their causes are related to all aspects of the system. Since the safety issues related to boiler and pressure vessels involve multiple factors, the various components are interrelated and influence one another. During design and manufacturing, it is necessary to consider not only the safety requirements of the equipment itself but also those related to installation, use, inspection, and other aspects. A correct analysis of an accident can also lead to improvements in the work at various stages, and this forms the basis for establishing and improving relevant safety regulations and standards. From numerous accident lessons and international experiences, it can be concluded that to effectively prevent accidents, strict management must be imposed on the key aspects of special equipment, with specialized agencies responsible for carrying out unified safety supervision and management of these aspects. Although countries around the world differ in terms of systems, methods, and scope regarding the supervision and management of such devices, they are generally consistent in principles, nature, and approaches. Through decades of practice and experience, as well as by drawing on foreign experiences, China has gradually developed a comprehensive set of safety management systems for special equipment that are largely in line with international practices while also being suitable to China’s national conditions. This law brings the operation of special equipment under regulatory oversight, primarily due to the development of the market economy; as sales and leasing activities that take place independently become more widespread, they also affect the safety of special equipment. Furthermore, imports and exports are classified as part of business activities because these activities are subject to significant changes. Moreover, unlike processes such as production and use, which require certain conditions, no administrative permits are required for business activities involving special equipment; operators merely need to obtain a business license in accordance with **relevant regulations and carry out their operations legally. (II) Supervision and management of the safety of special equipment 1. Supervision and management of the safety of special equipment includes: inspections and supervision carried out by the authorities responsible for this area on manufacturers, operators, users of special equipment, as well as on inspection and testing institutions; enforcement of administrative laws and regulations and issuance of administrative permits; and investigation and handling of accidents. 2. The regulations on the safety supervision and management of special equipment aim, first, to ensure administration in accordance with the law and to regulate the behavior of those responsible for supervision and management; they require that the departments in charge of the safety supervision and management of special equipment carry out such supervision and management in line with this law and exercise their statutory powers ； Secondly, it reflects that no organization or individual can be exempt from laws and regulations; even the actions of supervisors must be carried out within the bounds set by law, neither exceeding their authority nor failing to act. II. Definition of special equipment: The term \"special equipment\" as used in this law refers to equipment that poses a significant risk to personal safety and property safety. In addition to the eight types of equipment – boilers, pressure vessels, pressure pipelines, elevators, lifting machinery, passenger cableways, large-scale amusement facilities, and motor vehicles used within sites (factories) – which are characterized by the high risk to personal and property safety, this provision also specifies \"other special equipment that is required by laws and administrative regulations to fall under the scope of this law.\" Thus, the scope of special equipment is not limited to these eight types; equipment specified by other laws and administrative regulations as falling under this law is also considered special equipment. This law also authorizes the State Council to adopt a catalog management system for special equipment, with the State Council deciding which devices and facilities shall be included in the category of special equipment. For nuclear facilities, aerospace vehicles, and special equipment used in **equipment that are not subject to catalog management, Article 64 of this Law stipulates that the State Council and the Central **Committee shall formulate implementation measures in accordance with this Law. Article 100 of this Law further specifies the supervision and management regarding the safety of railway locomotives, offshore facilities and vessels, special equipment used in mines, as well as equipment specific to civil airports. It also specifies the supervision and management of the installation and use of lifting machinery at construction sites and municipal engineering sites, as well as of special motor vehicles used within such sites (factories). The relevant departments shall carry out these tasks in accordance with the provisions of this Law and other relevant laws. III. Catalog management for special equipment: The Special Equipment Safety Law stipulates that eight types of special equipment are subject to this law, including boilers, pressure vessels (including gas cylinders), elevators, lifting machinery, passenger cableways, large-scale amusement facilities, and motor vehicles used within sites (factories). This law authorizes the State Council to adopt a catalog management system for special equipment, with the State Council deciding which devices and facilities shall be included within the scope of special equipment. Specifying the specific types and categories of special equipment that are subject to supervision and management in the form of a catalog serves to clarify the responsibilities of various departments and to standardize the implementation of safety supervision and management tasks. IV. Formulation of the Catalogue of Special Equipment (I) Determination of the Catalogue of Special Equipment 1. Based on the principle of the risk level of equipment, the catalogue of special equipment should include those devices that pose a high potential risk; accidents involving such devices can easily lead to numerous deaths and injuries, significant economic losses, and substantial social impacts. In cases where an accident results only in individual injuries without affecting public safety, such incidents are excluded based on predetermined parameters such as pressure, volume, power, and speed. Such as atmospheric pressure boilers and vessels, water conveyance systems, and pressure pipes with smaller diameters. 2. The principle of aligning with international practices: The list of special equipment subject to supervision and management in our country should take into account those devices in most industrially developed countries around the world that are subject to mandatory specialized safety supervision and management through the enactment of specific laws and the assignment of tasks to dedicated agencies ； At the same time, after our country joined the World Trade Organization, it was necessary to promptly formulate and publish a **catalogue of special equipment; this is also a requirement under WTO rules, as trade technical barriers need to be made public and clear. 3. Adhering to the principle of social consensus, in the process of formulating the Regulations on Safety Supervision of Special Equipment, opinions were sought on multiple occasions from relevant departments of the State Council, local authorities, and experts regarding the scope and list of special equipment. Opinions from manufacturers and users of such equipment were also widely heard, and extensive research and deliberations were carried out. The special equipment included in the list under the Regulations on Safety Supervision of Special Equipment are all those for which a basic consensus has been reached. In accordance with this law, the revision of the catalog must also follow this principle, and adjustments must be made in a timely manner to take into account the evolving needs related to safety in social life as well as the new requirements for the supervision and management of the safety of special equipment. (II) The list of special equipment is proposed by the department under the State Council responsible for the supervision and management of special equipment safety, approved by the State Council, and then issued and put into effect by the same department. When submitting the list of special equipment to the State Council, the corresponding categories of special equipment (including pressure pipeline components) are listed, based on the eight types of equipment explicitly specified in this law – namely boilers, pressure vessels (including gas cylinders), pressure pipelines, elevators, lifting machinery, passenger cableways, large-scale amusement facilities, and specialized motor vehicles used within sites (factories) – as well as other special equipment for which this law applies according to other laws and administrative regulations.