To the mining safety regulatory authorities of all provinces, autonomous regions, municipalities directly under the central government, and the Xinjiang Production and Construction Corps; to the provincial-level bureaus of the National Mine Safety Administration; and to relevant units:
　　
　　The “Administrative Measures for the Promotion of Advanced and Applicable Technologies and Equipment in Mine Safety and the Phasing Out of Obsolete Technologies and Equipment (Trial)” have been reviewed and approved at the 17th Bureau Meeting of the National Mine Safety Administration in 2022. They are hereby promulgated; please comply accordingly.

 

 

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Promotion of Advanced and Applicable Technologies and Equipment for Mine Safety and
Administrative Measures for the Catalogue of Obsolete and Outdated Technologies and Equipment (Trial)

 

 

Chapter I General Provisions

 

 

　　 Article 1 　In order to thoroughly implement General Secretary Xi Jinping’s important expositions on work safety and scientific and technological innovation, further accelerate the promotion of advanced and applicable technologies and equipment for mine safety, phase out outdated technologies and equipment that seriously jeopardize mine production safety, enhance the level of mine safety production, and safeguard the lives and property of the people, this Measures is formulated in accordance with relevant provisions of the Work Safety Law of the People’s Republic of China, the Mine Safety Law of the People’s Republic of China, the Law of the People’s Republic of China on Promoting the Transformation of Scientific and Technological Achievements, and other pertinent laws and regulations.
　　
　　 Article 2 　Advanced and applicable technologies and equipment for mine safety refer to those—whether technologies, processes, materials, or equipment—that exhibit excellent safety performance, a high degree of intelligence, or strong practical utility. Outdated technologies and equipment, by contrast, are those that have poor safety performance, low reliability, and pose a serious threat to mine‑production safety.
　　
　　 Article 3 The National Mine Safety Administration is responsible for soliciting advanced, applicable, and outdated technologies and equipment for mine safety, as well as for publishing and managing the Catalogue of Advanced and Applicable Technologies and Equipment for Mine Safety (hereinafter referred to as the “Promotion Catalogue”) and the Catalogue of Technologies and Equipment Prohibited for Use in Mines (hereinafter referred to as the “Phase-Out Catalogue”).
　　
　　 Article 4 The solicitation, review, determination, publication, and implementation of the promotion catalog and the phase-out catalog shall adhere to the principles of legality, compliance with regulations, and adherence to established procedures, and shall be conducted in a fair, impartial, and transparent manner.

 

 

Chapter 2: Preparation and Publication

 

 

　　 Article 5 The National Mine Safety Administration, in light of the current level of development in mine safety science and technology and equipment, as well as the pressing needs for safe mine production, and taking into account the realities of mine safety operations, periodically solicits from the public advanced, applicable technologies and equipment, while also identifying outdated or substandard technologies and equipment.
　　
　　 Article 6 The selection process for the promotion catalog comprises the following stages: application, nomination, formal review, expert evaluation, public announcement, and official publication.
　　
　　The procedure for compiling the elimination catalog comprises stages such as solicitation, expert review, public announcement, and official publication.
　　
　　 Article 7 Technologies, processes, materials, and equipment that are commensurate with the level of development in mine safety production and can play a significant role in areas such as intelligent mine safety systems, disaster prevention and control, monitoring and early warning, regulatory oversight, emergency rescue, workforce reduction and efficiency enhancement, and green, low‑carbon operations may all be submitted for inclusion in the promotion catalog.
　　
　　The elimination catalog primarily solicits technologies and equipment that have previously caused accidents due to technological obsolescence or inherent defects, or that exhibit poor safety and reliability with significant safety hazards, or that have already been explicitly prohibited in other industries.
　　
　　 Article 8 The applicant for advanced and applicable technological equipment shall be a unit registered within the territory of the People’s Republic of China and possessing independent legal personality as the holder of such equipment.
　　
　　 Article 9 The advanced and applicable technologies and equipment submitted for application shall meet the following basic requirements:
　　
　　(1) Complies with the requirements of national laws, regulations, industrial technology policies, and relevant standards;
　　
　　(2) Safe and reliable, technologically advanced, with mature processes, and economically viable;
　　
　　(3) Highly adaptable with broad prospects for widespread application;
　　
　　(4) Possesses successful application cases, has achieved favorable results, and has been in practical use for at least one year.
　　
　　(5) The ownership of intellectual property rights is clearly established.
　　
　　 Article 10 The application materials for advanced and applicable technologies and equipment shall be truthful and valid, covering aspects such as ownership of the results, technical level, safety and advancement, economic feasibility, and practicality of promotion, and shall be accompanied by relevant supporting documentation.
　　
　　The submission materials for outdated technologies and equipment shall include the reasons for phase-out, the scope of phase-out, and available alternative technologies and equipment.
　　
　　 Article 11 Each provincial-level mine safety supervision and inspection authority is responsible for reviewing and recommending application materials for advanced, applicable technologies and equipment within its jurisdiction, as well as submitting materials for the collection of outdated technologies and equipment. Relevant industry associations and central enterprises may submit application and collection materials directly to the National Mine Safety Administration.
　　
　　 Article 12 The National Mine Safety Administration conducts a formal review of the application materials for advanced and applicable technologies and equipment to determine whether they meet the basic eligibility requirements.
　　
　　 Article 13 The National Mine Safety Administration either organizes, or commissions third-party service agencies through government procurement, to assemble expert review panels. These panels conduct expert evaluations of advanced and applicable technologies and equipment that have passed the formal review, assessing their safety, level of advancement, suitability, and feasibility, and then propose a draft list of technologies and equipment for promotion. For the collected outdated technologies and equipment, expert reviews are carried out from the perspectives of their current application status, existing risks and hazards, as well as the safety, feasibility, and cost-effectiveness of alternative technologies and equipment, resulting in a draft list of items to be phased out.
　　
　　 Article 14 After soliciting opinions from relevant departments, the proposed promotion list and the proposed phase-out list shall be publicly announced on the website of the National Mine Safety Administration for a period of no less than 10 working days. If no objections are raised during the public notice period, the lists shall be submitted to the Bureau’s Executive Meeting for deliberation and, in accordance with established procedures, promulgated.

 

 

Chapter 3: Selection of Experts

 

 

　　 Article 15 The National Mine Safety Administration is responsible for establishing and managing an expert pool for the preparation of promotion and phase-out catalogs. Experts included in the pool shall meet the following basic requirements:
　　
　　(1) Firm political stance, passionate about the cause of mine safety, and possessing sound professional ethics;
　　
　　(2) Familiar with the state’s policies, laws, regulations, and technical standards pertaining to mine safety production, and hold a senior or higher-level professional technical title.
　　
　　(3) Possesses more than 10 years of experience in mine safety production, with extensive practical expertise and a thorough understanding of the development trends in mine safety technologies, processes, materials, and equipment.
　　
　　(4) In good health and no older than 70 years of age.
　　
　　 Article 16 Experts shall be selected by random draw from the expert pool, taking into account factors such as the nature of the employing organization and the relevant professional category.
　　
　　 Article 17 During the expert review process, reviewers shall recuse themselves if any of the following circumstances apply:
　　
　　(1) Those who are currently employed by, or have previously been employed by, the applying entity;
　　
　　(2) Where the applying entity requests recusal and the National Mine Safety Administration approves the grounds for such recusal;
　　
　　(3) Where other conflicts of interest exist that may compromise the impartiality of the review conclusions.
　　
　　 Article 18 The National Mine Safety Administration shall, in light of actual conditions, make dynamic adjustments to the expert roster. For specialties not yet covered in the roster, additional experts may be promptly added when needed.

 

 

Chapter 4 Implementation and Management

 

 

　　 Article 19 Two years after the issuance of the promotion and phasing-out catalogs, or based on the actual conditions of mine safety production, the National Mine Safety Administration shall organize an assessment of the implementation of these catalogs.
　　
　　 Article 20 Mining safety regulatory and supervisory authorities at all levels shall, in accordance with their respective responsibilities, conduct regular summaries and analyses of the implementation of the promotion and phase-out lists, and promptly report any issues identified. The National Mine Safety Administration shall, as appropriate, dynamically adjust and update these lists.
　　
　　 Article 21 Mining safety regulatory and supervisory authorities at all levels shall, in accordance with relevant laws and regulations, strengthen routine oversight and inspection of the implementation of the phase-out catalog. Where they discover that production and business entities are using technologies or equipment that should be phased out, they shall impose lawful penalties and take appropriate enforcement actions.

 

 

Chapter V Supplementary Provisions

 

 

　　 Article 22 This Measures shall be interpreted by the National Mine Safety Administration.
　　
　　Article 23: These Measures shall enter into force as of the date of their promulgation.