Laws of the People's Republic of China

The State Environmental Protection Administration, the Ministry of Foreign Trade and Economic Cooperation, the General Administration of Customs, the State Administration for Industry and Commerce, the State Administration for Commodity Inspection

Notice of the State Environmental Protection Administration, the Ministry of Foreign Trade and Economic Cooperation, the General Administration of Customs, the State Administration for Industry and Commerce and the State Commodity Inspection Administration on Interim Provisions on Administration of Environmental Protection in Cases of Wastes Import

Huan Kong [1996] No. 629

The environmental protection administration of every province, autonomous region, municipality directly under the Central Government and every city specifically designated in the state plan, the Foreign Economic and Trade Commission (or Bureau), the Administration for Industry and Commerce, the Sub-Administration of Customs of Guangdong, the customs offices directly affiliated to the General Administration of Customs£¬the commodity inspection bureau directly affiliated to the State Commodity Inspection Bureau, the municipal special commissioners' offices of the Ministry of Foreign Trade and Economic Cooperation:

Supplementary Provisions to the Interim Provisions on Administration of Environmental Protection on Wastes Import are hereby promulgated and please carry out.

Notice is hereby given.

The State Environmental Protection Administration

The Ministry of Foreign Trade and Economic Cooperation

The General Administration of Customs

The State Administration for Industry and Commerce

The State Commodity Inspection Administration

July 26, 1996

Supplementary Provisions to the Interim Provisions on Administration of Environmental Protection on Wastes Import made by the State Environmental Protection Administration, the Ministry of Foreign Trade and Economic Cooperation, the General Administration of Customs, the State Administration for Industry and Commerce, the State Administration for Commodity Inspection

In order to further strengthen the environmental protection management on import of wastes, prevent wastes from overseas into our country, the following supplementary provisions are formulated to the Interim Provisions on Administration of Environmental Protection on Wastes Import (HuanKong [1996] No.204, hereinafter referred to as the Interim Provisions):

1.

Import of wastes means the entry of all wastes (including waste materials) into the territory of the People's Republic of China in any mode of trade and in the form of gratuity or donation.

2.

The State Administration for Import and Export Commodity Inspection (hereinafter referred to as the State Commodity Inspection Administration) administers, in a unified manner, the inspection work of imported wastes throughout the country. Wastes permitted by the State to import must be subject to inspection prior to loading and shipping, and specific management measures are formulated by the State Commodity Inspection Administration for implementation.

3.

Import of wastes must meet the requirements of relevant mandatory standards of our country. The import contracts of wastes signed by the units of import of wastes with overseas traders must specify the quality of wastes to be imported and clauses on pre-loading and shipping inspection, stipulate prohibition of living refuses, hazardous wastes under control by the Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and Their Disposal and other wastes, and stipulate that imported wastes must be inspected prior to loading and shipping by the Chinese commodity inspection organization or other inspection organizations designated or approved by the State Commodity Inspection Administration and can be loaded and shipped only after they pass the inspection.

4.

Foreign trade transportation departments shall, at the time of accepting applications for transportation of imported wastes, require the pre-loading and shipping inspection certificate of imported wastes issued by the Chinese commodity inspection organization or inspection organizations designated or approved by the State Commodity Inspection Administration of China in addition to requiring the applicant to providing the Certificate of Approval for Import of Wastes issued by the State Environmental Protection Administration. It is forbidden to transport wastes into China in the form of TO ORDER.

5.

The units of import of wastes shall, 10 days prior to the arrival of import wastes at the ports, inform the commodity inspection organizations at the ports for inspection.

6.

After the import wastes arrive at the port of our country, the consignee shall first declare to the Customs by presenting relevant documents such as the first portion of the Certificate of Approval for Import of Wastes and Customs declaration form (excluding the commodity inspection certificate), and then the consignee shall apply to the commodity inspection organization at the port for inspection by presenting the Certificate of Approval for Import of Wastes and pre-loading and shipment inspection certificate as well as other necessary documents. The port commodity inspection organization conducts inspection into the imported wastes, and issues the Inspection Notification to those passing the inspection, and the Customs give their clearance according to the Notification. If any problem is discovered, it shall immediately notify the Customs and the local competent administrative department of environmental protection for handling according to law.

7.

Any imported wastes without the Certificate of Approval for Import of Wastes may not be stored in the bonded warehouse.

8.

No enterprise may engage in transit trade of wastes.

9.

Enterprises importing wastes in the form of processing trade shall go through the registration procedures of processing trade contracts with the Customs by presenting the Certificate of Approval for Import of Wastes issued by the State Environmental Protection Administration.

10.

The Certificate of Approval for Import of Wastes in Attachment 3 of the Interim Provisions is revised. On the front side, the column "port of import" is added, and on the back side, the column "port of arrival" is revised to "Quantity of the current shipment of import", and the column "Quantity" is revised to "Quantity not yet imported" .The third portion of the old Certificate of Approval for Import of Wastes is revised to the copy for the foreign trade transportation carrier for file.

11.

If anyone transfers or speculates in the Certificate of Approval for Import of Wastes of the State Environmental Protection Administration, the State Environmental Protection Administration revokes his Certificate of Approval for Import of Wastes, and concurrently suspends or cancels his qualifications for import, processing or utilization of wastes.

12.

These Provisions shall enter into force as of August 1, 1996.