CHAPTER ONE GENERAL PROVISIONS CHAPTER TWO ENVIRONMENTAL CONTROL OF IMPORTED WASTES CHAPTER THREE PENALTIES CHAPTER FOUR SUPPLEMENTAL PROVISIONS APPENDIX ONE Article 1 This set of provisional regulations has been formulated in accordance with Law of the People’s Republic of China on Prevention and Article 2 This set of provisional regulations is applicable to imports of wastes into the People’s Republic of China and the supervision and Article 3 Imports of overseas wastes to be dumped, stored or treated inside China are forbidden. Article 4 All units and individuals have the right to report to environmental protection administration agencies, foreign economic and trade Article 5 The State Environmental Protection Agency shall exercise the supervision and administration of wastes importation nationwide. Environmental protection organs at the local levels, in accordance with this set of provisional regulations, shall exercise the supervision Article 6 The State Environmental Protection Agency shall compile, revise and promulgate Catalogue of Wastes Imported as Raw Materials Restricted The State Import and Export Commodity Inspection Bureau and the State Environmental Protection Agency shall jointly establish standards Article 7 Departments in charge of foreign economic cooperation and trade, customs, import and export commodity inspection institutions and
CHAPTER TWO ENVIRONMENTAL CONTROL OF IMPORTED WASTES Article 8 Any wastes listed in Appendix One can only be imported after the examination and approval of the State Environmental Protection Agency. All other wastes not listed in Appendix One (Please refer to Article 32 for the scope of wastes) are banned from importation. Article 9 The procedures for the application, examination and approval of wastes importation are as the following: 1 Application for imports of wastes which have been listed in the sixth category of Appendix One with customs codes 7204-1000, 7204-2100, 2 Applications for the imports of other wastes listed in Appendix One should be filed by the units that plan to import or utilize Article 10 Applications for imports of wastes should meet the following conditions: 1 Entities applying for the imports of wastes as raw materials should be legally established enterprises with legal person status 2 The wastes to be imported are included in the Catalogue of Wastes lmported as Raw Materials Restricted by the State. Article 11 Entities applying for the imports of wastes listed in Appendix One should present the following documents: 1 Application for the import of wastes (Appendix One); 2 Report on the environmental risks of the import of the wastes as raw materials or report table on the environmental risks of the The afore-mentioned application papers should be submitted with three copies. Article 12 The environment protection departments, shall do the following within five work days since the receipt of the application papers 1 The departments shall handle the applications which comply with Articles 9 and 10 of this set of provisional regulations; 2 The departments shall reject the applications which do not comply with Articles 9 and 10 of this set of provisional regulations 3 If one of the documents required for application failed to be presented during the application, the applicants shall be notified Article 13 Entities applying for imports or uses of wastes with codes from 7204-1000 to 7204-5000 listed in Appendix One should make a correct Article 14 Entities applying for imports or uses of wastes listed as the second, seventh, eighth and ninth categories in Appendix One should Article 15 Entities applying for imports or uses of wastes listed as the second, third, forth, fifth and the wastes other than those with codes Article 16 The technical requirements and examination procedures on the assessment of risks to environment arising from imports of waste shall Entities engaged in assessment of risks in environment arising from imports of waste should acquire credentials for assessment of Article 17 Environment protection departments at the municipal level and at the provincial level that handle applications for wastes importation Article 18 The State Environment Protection Agency shall decide to approve or disapprove the applications and notify the applicants of the decisions Upon an approval to the import of wastes, the State Environment Protection Agency shall issue a Wastes lmportation Approval Certificate Article 19 During the examination of application documents for wastes importation, the State Environment Protection Agency shall solicit opinions Article 20 A wastes importation approval certificate shall expire one year after its issuance by the State Environment Protection Agency. Article 21 For wastes listed in Appendix One the Customs shall release on the strength of a Wastes lmportation Approval Certificate issued by Article 22 Entities which import and utilize wastes should compile and submit a quarterly Wastes Importation Reports (Appendix Four) to the Entities which utilize imported wastes should abide by the requirements as stipulated in the Reports on the Environmental Risks of Article 23 Should possibilities of polluting the environment be discovered when inspection of the imported commodities by the import and export Article 24 Upon the setting up of processing projects utilizing imported wastes as raw materials, the responsible units of the projects should Article 25 Entities utilizing the wastes as listed under the seventh category of Appendix One should have been approved and designated by the Article 26 When application for registration as enterprises engaging in import, management, and/or utilization of overseas wastes, approval Enterprises already engaged in import of wastes before the promulgation of this set of provisional regulations should, in accordance
Article 27 Dumping, storage and treatment of overseas wastes inside the country in violation of this set of provisional regulations, or imports Control of Environmental Pollution by Solid Wastes. Imports of wastes that cannot be used as raw materials under the pretext of importing them as raw materials shall be punished in accordance Article 28 Solid wastes that have already entered into the country through illegal ways shall be handled in accordance with Article 68 of Law Article 29 Counterfeiting and alteration of the State Environment Protection Agency’s Wastes lmportation Approval Certificates shall be fined Article 30 For those who failed to apply for retroactive examination and approval formalities in time for previous imports and continue the Article 31 Whenever supervision and administrative personnel in charge of wastes import and export have offenses of abuse of power, dereliction
CHAPTER FOUR SUPPLEMENTAL PROVISIONS Article 32 Explanations of certain terms in this set of provisional regulations: 1 The scope of wastes: Solid wastes refer to environment-polluting solid or semi-solid waste materials arising from production construction, daily living Industrial solid wastes refer to solid wastes arising from industrial or transport activities. Urban daily living wastes refer to solid wastes arising from urban daily living or services and other solid wastes stipulated as urban Hazardous wastes refer to wastes listed in the State’s catalogue of hazardous wastes or those established to be with hazardous properties 2 Wastes importation entities refer to those foreign trade entities engaged in the importation of wastes. 3 Wastes utilization entities refer to those entities engaged in the actual processing and utilization of imported wastes. Article 33 Regulations formulated jointly by departments under the State Environment Protection Agency and other related departments on the Article 34 This set of provisional regulations shall be interpreted jointly by the State Environment Protection Agency and other departments Article 35 This set of provisional regulation goes into effect as of April 1, 1996. NOTE: Related Articles of Law of the People’s Republic of China on Prevention and Control of Environmental Pollution by Solid Wastes; Article 66 For the dumping, storage, treatment of overseas solid wastes inside the Chinese territory, or import solid wastes as raw materials Those who import wastes that cannot be used as raw materials under the pretext of importing them as raw materials shall be punished Article 68 For solid wastes having entered the territory illegally, penalties shall be meted out by the Customs in accordance with provisions APPENDIX ONE: Catalogue of Wastes Restricted by State to Be Imported as Raw Materials Category Customs Codes Description of Wastes First Category: 0506-9010 Bone wastes Animal Wastes Second Category: 2619-0000 Molten slag, scummings (including Metallurgy Wastes vanadium slags), oxide skin and Third Category: 4401-3000 Sawdust, wood wastes and splinters, Wood and Wood no matter pressed into logs, lumps, Products Wastes slices Fourth Category: 4707-1000 Recycled( waste and split) Recycled (waste unbleached kraft paper or paperboard and split) paper or and Fifth Category: 5202-1000 Waste cotton yarn (including waste Textile Wastes cotton thread) Sixth Category: 7204-1000 Waste and split materials from iron Waste and split casting materials of base metals and base metals products
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