Notice on Printing and Distributing the Administrative Measures for the Promotion of Advanced and Applicable Technical Equipment for Mine Safety and the Elimination of Backward Technical Equipment (Trial)
The mine safety supervision departments of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps, the provincial bureaus of the National Mine Safety Supervision Bureau, and relevant units:
The Measures for the Administration of the Catalogue of the Promotion of Advanced and Applicable Technical Equipment for Mine Safety and the Elimination of Backward Technical Equipment (for Trial Implementation) has been deliberated and adopted at the 17th executive meeting of the State Administration of Mine Safety in 2022, and is hereby printed and distributed for implementation.
Promotion of advanced and applicable technical equipment for mine safety
Administrative Measures for the Catalogue of Obsolescence of Backward Technical Equipment (for Trial Implementation)
These Measures are formulated in accordance with the relevant provisions of the Production Safety Law of the People's Republic of China, the Mine Safety Law of the People's Republic of China, and the Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements.
Article 2 Advanced and applicable technical equipment for mine safety refers to technologies, processes, materials and equipment with excellent safety performance, high degree of intelligence or strong practicability; Backward technical equipment refers to technologies, processes, materials and equipment with poor safety performance and low reliability that seriously endanger the safety of mine production.
Article 3 The State Administration of Mine Safety Supervision is responsible for collecting advanced and applicable and backward technical equipment for mine safety, publishing and managing the promotion catalogue of advanced and applicable technical equipment for mine safety (hereinafter referred to as the promotion catalogue) and the catalogue of technical equipment prohibited from use in mines (hereinafter referred to as the elimination catalogue).
Article 4 The collection, evaluation, determination, release and implementation of the promotion catalogue and the elimination catalogue shall adhere to the principles of law, regulations and procedures, and shall adhere to fairness, impartiality and openness.
Article 5 The State Administration of Mine Safety Supervision shall, in accordance with the development level of scientific and technological equipment for mine safety and the urgent needs of mine safety production, and in combination with the actual situation of mine safety production, timely face the society and carry out the collection of advanced, applicable and backward technical equipment for mine safety.
Article 6 The selection process of the promotion catalogue includes application, recommendation, formal review, expert review, publicity, release and other links.
The compilation process of the elimination catalogue includes such links as solicitation, expert review, publicity and release.
Article 7 Technologies, processes, materials and equipment that are compatible with the development level of mine safety production and can play an important role in the intelligent construction of mine safety, disaster prevention, monitoring and early warning, supervision and supervision, emergency rescue, personnel reduction and efficiency enhancement, green and low carbon can be applied for listing in the promotion catalogue.
The obsolescence catalogue mainly collects technical equipment that has caused accidents due to technical backwardness, defects and other reasons, or has poor safety and reliability and has major potential safety hazards, or has been explicitly prohibited from use in other industries.
Article 8 The subject of application for advanced and applicable technical equipment shall be the holder of technical equipment registered in the People's Republic of China with independent legal personality.
Article 9 The applied advanced and applicable technical equipment shall meet the following basic conditions:
（1） Meet the requirements of national laws, regulations, industrial technology policies and relevant standards;
（2） Safe and reliable, advanced technology, mature technology and reasonable economy;
（3） Strong applicability and broad prospects for popularization and application;
（4） It has been successfully applied for more than 1 year with good application effect;
（5） The ownership of intellectual property is clear.
Article 10 The application materials for advanced and applicable technical equipment shall be authentic and effective, including the attribution of achievements, technical level, safety and progressiveness, economic rationality, and feasibility of popularization, and shall be accompanied by corresponding certification materials.
The collection materials for backward technical equipment shall include the reasons for elimination, the scope of elimination, and the replaceable technical equipment.
Article 11 The provincial mine safety supervision and supervision departments are responsible for the review and recommendation of the application materials for advanced and applicable technical equipment and the submission of the collection materials for backward technical equipment within their jurisdiction. Relevant industry associations and central enterprises can directly submit application and solicitation materials to the State Mine Safety Supervision Bureau.
Article 12 The State Administration of Mine Safety shall conduct a formal examination of the application materials for advanced and applicable technical equipment to confirm whether the materials meet the basic conditions for application.
Article 13 The State Administration of Mine Safety shall organize or entrust a third party service agency to organize relevant experts to set up an evaluation group by means of government purchase of services, to carry out expert evaluation on the advanced and applicable technical equipment that has passed the formal examination from aspects of safety, progressiveness, applicability, feasibility, etc., and to propose the catalogue to be popularized. For the collected backward technical equipment, expert review shall be carried out from the aspects of application, existing risks and hidden dangers, and the safety, feasibility, and economy of the alternative technical equipment, and the proposed elimination list shall be proposed.
Article 14 The catalogue to be promoted and the catalogue to be eliminated shall be publicized through the government website of the State Administration of Mine Safety after soliciting the opinions of relevant departments, and the publicity time shall not be less than 10 working days; If there is no objection to the announcement, it shall be submitted to the executive meeting of the State Mine Safety Supervision Bureau for deliberation and announced according to the procedure.
Article 15 The State Administration of Mine Safety is responsible for the establishment and management of the expert database for the compilation of the promotion catalogue and the elimination catalogue. Warehousing experts shall meet the following basic conditions:
（1） Strong political position, enthusiastic about mine safety, and good professional ethics;
（2） Familiar with the national guidelines, policies, laws, regulations and technical standards related to mine safety production, with senior and above technical titles;
（3） With more than 10 years of work experience in mine safety production, rich practical experience, in-depth understanding of the development direction of mine safety technology, process, materials and equipment;
（4） Good health, no more than 70 years old.
Article 16 Experts shall be selected at random from the expert database according to the nature of the work unit and the type of specialty.
Article 17 In the process of expert evaluation, the evaluation expert shall avoid any of the following circumstances:
（1） Being employed or having been employed by the applicant;
（2） The applicant puts forward the need for withdrawal, and the State Mine Safety Supervision Bureau approves the reasons for withdrawal;
（3） There are other interests that may affect the fairness of the evaluation conclusion.
Article 18 The State Administration of Mine Safety shall dynamically adjust the experts in the expert database according to the actual situation, and may timely supplement the experts for the disciplines not involved in the expert database when necessary.
Article 19 The State Administration of Mine Safety shall organize the evaluation of the implementation of the catalogue two years after the publication of the catalogue for promotion and the catalogue for elimination or according to the actual situation of mine production safety.
Article 20 The mine safety supervision and supervision departments at all levels shall, in combination with the scope of their duties, regularly summarize and analyze the implementation of the promotion catalogue and the elimination catalogue, and timely report any problems found. The State Bureau of Mine Safety Supervision shall dynamically adjust and update the promotion catalogue and elimination catalogue in due time.
Article 21 The mine safety supervision and supervision departments at all levels shall, in accordance with the provisions of relevant laws and regulations, strengthen the daily supervision and supervision of the implementation of the obsolete catalogue, and deal with and punish the production and business operation entities that use the technical equipment that should be eliminated according to law.
Article 22 The State Administration of Mine Safety shall be responsible for the interpretation of these Measures.
Article 23 These measures shall go into effect as of the date of promulgation.