(a) the basis of the current "Regulations" has undergone major changes.

The main provisions of the current rules are basically transformed from Annex 18, Safe Air Transport of Dangerous Goods (3rd Edition, July, 2006, 5438+0) (hereinafter referred to as "Annex 18") and ICAO Technical Rules for Safe Air Transport of Dangerous Goods (hereinafter referred to as "Technical Rules"). At present, the fourth edition of annex 18 has come into effect, and its contents have changed compared with the third edition of annex 18. At the same time, the technical details have changed greatly on the basis of regular updating every two years. Therefore, it is necessary to revise the regulations according to the latest annex 18 and technical rules.

(2) Great changes have taken place in the practice of air transport of dangerous goods.

The current "Regulations" mainly regulate the behavior of operators and shippers, and there are no specific provisions on the safe transportation management of ground service agents, sales agents and other subjects engaged in air transportation of dangerous goods.

With the development of air transport of dangerous goods and the refinement of transportation division, ground service agents, sales agents and consignment agents involved in air transport of dangerous goods are playing more and more important roles in the practice of air transport of dangerous goods, and should bear more responsibilities accordingly. The current "Regulations" only regulate the behavior of shippers and operators. In practice, it seems that management is not strong enough and some main responsibilities are missing. In order to ensure the safety of air transport of dangerous goods, comprehensively regulate the relevant subjects of air transport of dangerous goods, and make the Regulations adapt to the practice of air transport of dangerous goods, it is necessary to revise the Regulations. Second, the revised guiding ideology and basis

The guiding ideology of the revised regulations is to fully implement the concept of sustainable safety, improve the management system of operators, shippers and agents of dangerous goods, and strictly implement the main responsibility of dangerous goods transportation; Innovate the management mode of dangerous goods transportation, highlight continuous supervision and inspection, and ensure the safety of dangerous goods transportation by air.

Annex18 of the Convention on International Civil Aviation (fourth edition in July, 201/year) and ICAO Technical Rules (2011-2012) (DOC9284) are the revisions. Annex 18 is the principle rules for the safe air transport management of dangerous goods provided by ICAO to all contracting States. The Technical Rules for Safe Air Transport of Dangerous Goods is a detailed exposition of the basic provisions in Annex 18, including all the rules required for safe air transport of dangerous goods. Taking the latest annex 18 and technical rules as the basis for revising the rules, it is not only beneficial for China to fulfill its obligations as a contracting state of ICAO, but also conducive to keeping the rules of air transport of dangerous goods in China consistent with international rules and promoting the improvement of the safety management level of air transport of dangerous goods in China. Third, the key contents of the revision

(1) The mode of air transport license for dangerous goods has changed.

The current "Regulations" require that airports that are allowed to operate should be listed in the operator's permit for air transport of dangerous goods, and operators should not carry out air transport of dangerous goods at airports that are not listed in the permit. This licensing model requires the Civil Aviation Administration to examine and approve the airports where operators transport dangerous goods one by one. In practice, when different operators transport dangerous goods at the same airport, the Civil Aviation Administration usually needs to review the same ground service agent at the same airport or airport repeatedly to determine the ground service support ability of operators in transporting dangerous goods at the airport.

The revised "Regulations" defined the operators (the revised "Regulations" changed the "operators" to "operators"). The license for air transport of dangerous goods no longer lists the specific airport, but only lists the business scope of air transport of dangerous goods. As long as the airport is within the business scope permitted by the operator, dangerous goods can be transported by air. The regional civil aviation administration ensures the ground support capability of ground service agents for the transport of dangerous goods through the filing system of ground service agents and post supervision inspection.

(two) highlight the management of agents engaged in air transport of dangerous goods.

Agents engaged in air transport of dangerous goods include agents of operators and agents of shippers. Operator agents are divided into ground service agents and freight sales agents. The current "Regulations" are only limited to the requirements of dangerous goods training, but do not stipulate the obligations and responsibilities of their agents and the management responsibilities of operators. With the refinement of the division of labor in air transport of dangerous goods, agents assume more and more responsibilities in air transport of dangerous goods, and whether agents engage in air transport of dangerous goods is directly related to the safety of air transport of dangerous goods.

The revised Regulations distinguish different agents, and set different management modes and corresponding responsibilities for consignment agents, freight sales agents and ground service agents.

1, shipper's agent. The shipper's agent is directly involved in the preparation of air transport of dangerous goods, all or part of which is engaged in the classification, marking, packaging, labeling and preparation of transport documents of dangerous goods, so whether the behavior of the shipper's agent is standardized directly affects the safety of air transport of dangerous goods. The "Regulations" require the shipper's agent to manage according to the relevant provisions of the shipper, including the formulation of dangerous goods training syllabus, personnel training and independent legal responsibility.

2. Freight sales agent. In view of the current situation of air freight sales agency market, the Regulations strengthen the management responsibility of operators for freight sales agents entrusted by them, and ensure that freight sales agents meet the regulatory requirements in personnel training, information provision, cargo inspection, and prevention of hidden dangers and dangerous goods. The Regulations require freight sales agents and operators to sign freight sales agency agreements before they can carry out relevant agency business, and operators should manage freight sales agents. Operators shall be responsible for the management of sales agency activities carried out by freight sales agents.

3. Ground service agent. In view of the fact that the ground service agent bears the main responsibility of the operator's ground operation in the air transport of dangerous goods, which is the main embodiment of the operator's ground support ability for the transport of dangerous goods, the Regulations implement a filing management system for the ground service agent and put forward requirements for its support ability. At the same time, considering that domestic ground service providers are generally affiliated to their airports and have relative independence and autonomy in air transport activities, it is stipulated that ground service agents should refer to the provisions on operator's responsibility when engaging in air transport activities of dangerous goods on behalf of operators.

(3) Strengthen the management training program of Dangerous Goods.

The current "Regulations" only require operators to formulate training plans and obtain the approval of civil aviation management agencies, and do not require other dangerous goods transport units to formulate training plans. In practice, the training program is a specific arrangement for training personnel on dangerous goods knowledge in related subjects, involving training plans, training courses, teaching materials and training requirements, which directly affects the quality of dangerous goods training.

The revised regulations clearly require five types of subjects to formulate dangerous goods training plans, namely, shippers or shippers' agents who transport dangerous goods by air, domestic operators, freight sales agents, ground service agents and enterprises or organizations engaged in civil aviation safety inspection. Among them, the training programs of shippers and shippers' agents are reported to the local administration for the record, the training programs of domestic operators, ground handling agents and security inspection agents are reported to the local administration for approval, and the training programs of freight sales agents are approved by agents. By strengthening the management of dangerous goods training plan in various subjects of dangerous goods air transport, the training of dangerous goods is strengthened and the training quality is improved.

(four) increase the relevant requirements for training institutions and teacher management.

There are no relevant provisions on dangerous goods training institutions in the current laws and regulations, but in practice, professional training institutions providing training services for air transport of dangerous goods have generally existed, and a lot of training work has been carried out for operators' agents, shippers and their agents.

In order to effectively regulate the training behavior of existing dangerous goods training institutions and ensure the organization and quality of dangerous goods training, the revised regulations clarify the legal status of dangerous goods training institutions, that is, enterprises or organizations that formulate and implement dangerous goods training plans can set up training institutions, and personnel engaged in air transport of dangerous goods should be trained through dangerous goods training institutions. At the same time, a series of qualifications and requirements are put forward for all institutions and units that carry out dangerous goods training and teachers of dangerous goods training institutions, aiming at realizing the unified management of dangerous goods training institutions and teachers, so as to strengthen the management of dangerous goods training.

(5) It enriches the relevant contents of providing dangerous goods transportation information to air transport passengers.

The current Regulations only require operators and airport authorities to provide passengers with enough information to inform them of the types of dangerous goods that are prohibited.

In view of the fact that passengers carrying dangerous goods are related to the safety and convenience of every passenger's travel, and considering that the Technical Rules have increased the corresponding requirements in this regard. The revised "Regulations" enrich and refine the relevant provisions on providing dangerous goods information to passengers: First, the main body of providing information has been increased, from the original operators and airport authorities to operators, ground service agents and airport management agencies; The second is to increase and refine the links and ways of information notification. The revised regulations require information notification in ticket sales and check-in, and it is required to be carried out through various means such as network, self-service check-in, announcement and intuitive examples.

(six) it is clear that the business norms of domestic operators should include the air transport license information of dangerous goods.

Article 117 of the revised Regulations stipulates: "The business norms of domestic operators shall include the relevant contents of air transport of dangerous goods." The purpose is to embody whether operators can carry dangerous goods and the relevant restrictions on the transportation of dangerous goods in the operating norms of domestic operators. The amendment is mainly based on the requirements of Part I of Annex 6 to the Convention on International Civil Aviation.

Chapter 4.2. 1.6 of Part I of Annex 6 to the Convention on International Civil Aviation stipulates: "The operation specifications attached to the air transport certificate shall at least contain the information in Section 3 of Annex 6, and shall be followed from 20 10 to 1. Appendix 6, Section 3, "Operation Specification" table contains the contents of "Whether or not to obtain dangerous goods transportation license".

(7) The requirements of airport management agencies for ground emergency rescue of dangerous goods by air transportation have been increased.

The current "Regulations" do not set relevant obligations and responsibilities for emergency rescue of dangerous goods by air for airport management agencies. In practice, it is of great significance to formulate a set of ground emergency rescue plan for air transportation of dangerous goods to effectively carry out emergency treatment of dangerous goods accidents and accident symptoms, reduce losses and ensure personal and property safety.

In view of the security and fire control responsibilities of airport management agencies in the airport area, the revised regulations explicitly require airport management agencies to formulate and update emergency rescue plans for dangerous goods on the ground, set up emergency rescue agencies and personnel, and carry out emergency rescue drills, so as to organically link airport management agencies' emergency rescue of dangerous goods on the ground with operators' air transport rescue of dangerous goods, and build a complete emergency rescue system for air transport of dangerous goods.

(eight) the new contents of the supervision and management of dangerous goods by air.

There is no relevant content about the supervision and management of air transport of dangerous goods in the current laws and regulations. In order to implement the concept of continuous safety and strengthen the post-event supervision of dangerous goods transportation, the revised regulations specially added a chapter on supervision and management, which clearly stipulated the supervision and management of dangerous goods transportation by civil aviation management agencies: First, the contents of supervision and management of dangerous goods air transportation and the responsibilities and powers of civil aviation management agencies were clarified; The second is to clarify the job requirements of dangerous goods inspectors; The third is to stipulate the rights and obligations of the object of supervision; Fourth, the system of reporting and investigating illegal incidents in air transport of dangerous goods has been established; The fifth is to establish a violation record system for air transport of dangerous goods.

(9) The content of legal liability has been improved.

At present, there are only two types of liability subjects in the legal liability part of the Regulations: the operator and the shipper. When the shipper's agent or the operator's agent engages in illegal acts in the transportation of dangerous goods, the regulations do not stipulate the corresponding legal responsibilities, which leads to the lack of relevant subject responsibilities.

The revised "Regulations" have comprehensively enriched the relevant contents of legal liability: first, the subject of legal liability has been expanded, and penalties have been set for illegal acts of operators and their agents, shippers and their agents, dangerous goods training institutions and airport management institutions, making the responsibility system for air transport of dangerous goods more sound; The second is to increase penalties for serious violations of dangerous goods. The revised regulations no longer directly punish concealment and concealment, but punish it according to the specific content of the shipper's responsibility that concealment and concealment may violate, thus defining the harm and consequences of concealment and concealment more scientifically, and thus increasing the punishment for concealment and concealment.

(X) Provisions for operators in Hong Kong, Macao and Taiwan to apply for transporting dangerous goods have been added.

The current Regulations do not require operators from Hong Kong, Macao and Taiwan to apply for transporting dangerous goods in the Mainland. Combined with the current practice, the revised Regulations stipulate in the supplementary provisions that operators from Hong Kong, Macao and Taiwan who apply to transport dangerous goods in the mainland (mainland) shall refer to the provisions of the Regulations on foreign operators.