Interim Provisions on the Administration of Environmental Protection of Waste Imports

Interim Provisions on the Import of Waste Materials Interim Provisions on the Administration of Environmental Protection of Waste Imports (Promulgated on March 1, 1996 by the National Environmental Protection Agency, the General Ad ministration of Customs, the Ministry of Foreign Trade and Economic Cooperation, the State Admin istration for Industry and Commerce, the State Administration for Import and Export Commodity In spection and aome into effect as of April 1, 1996) Chapter I General Provisions Article 1 These Provisions are formulated in accordance with the Law of the People's Republic of China on Prerention and Control of Environmental Pollution by Solid Waste and other relevant laws in order to strengthen the environmental management of waste importation and to prevent environmen tal pollution caused by im{X)rted waste materials. Article 2 These Provisions shall apply to any waste import activities conducted within the terri tory of the People's Republic of China, and the supervision and control of environmental pollution caused by such waste. Article 3 A ban shall be imposed on dumping, storage and disposal of imported waste materials within the territory of the People's Republic of China. A restric::tion is imposed on the importation of waste materials that can be used as raw materials. In case import of such materials are necessary for use as raw materials, the importation of such materi als shall be conducted in accordance with the provisions of these Provisions. Article 4 Any units and individuals have the right to file charges with the competent depart ments of environmental protection administration, the competent departments of foreign trade and eco nomic cooperation, customs, departments for import and export commodity inspection, ~druinistrative departments for industry and commerce and judicial organs against any units that import waste in cont ravention of law. Article S The National Environment Protection Agency shall exercise supervision and manage ment over nationwide waste importation activities. The competent departments of environmental protection administration of the local people• s gov ernments at various levels shall exercise supervision and management authority over imported waste un der their jurisdiction in accordance with the provisions of these Provisions, and shall be empowered to make on-site inspections of units that are engaged in waste import activities. Article 6 The List of Waste that Can be Used as Raw Materials and Are Restricted in Importa tion by the State (Annex I ) shall be formulated, adjusted and promulgated by National Environmen tal Protection Agency in conjunction with the Ministry of Foreign Trade and ·Economic Cooperation and the General Administration of Customs. The Standard for Compulsory Inspection of Imported Waste shall be formulated by the State Ad ministration for Import and Export Commodity Inspection together with the National Environmental Protection Agency . Article 7 The competent departments of foreign trade and economic cooperation, customs, dep artments for import and export commodity inspection and the departments for industry and commerce administration shall exercise supervision and management authority over imported waste within their respective spheres of competence. Chapter I Environmental Management of Imported Waste Article 8 The importation of any waste listed in Annex I hereof shall be subject to examination and approval by the National Environmental Protection Agency. 143 Interim Provisions on the Import of Waste Materials The importation of any waste that are not listed in Annex I hereof (For scope of waste, see Arti cle 32) is banned by the state. Article 9 The application and approval procedures for waste import are as follows: ( 1 ) For those who intent to import waste Nos. 7204 .1000, 7204. 2100, 7204. 2900, 7204 .3000, 7204 .4100, 7204 .4900 and waste Ons. 7204 .5000 (hereinafter referred to as waste No. 7204-1000 to 7204-5000) as listed in Category 6 of Annex I, an application for importing such waste shall be submitted by the waste importer or waste user directly to the National Environmental Protec tion Agency for approval . (2) For those who intend to import other waste listed in Annex], an application for importing such waste shall be submitted by the waste importer or the waste user to the competent departments of environmental protection administration under the municipal people• s government at the area where the user of such waste is located (hereinafter referred to as the competent departments of environmen tal protection administration at municipal level), and then the said application shall he submitted to the National Environmental Protection Agency for approval upon examination and consent given by the lo cal competent departments of environmental protection administration at municipal level and the com petent departments of environmental protection administration at all level of province, autonomous re gion and municipality ( hereinafter referred to as the competent departments of environmental protec tion at provincial level) . Article 10 The application for waste importation must meet the following criteria: ( 1 )The unit applying for importing waste and using them as raw materials shall be an incorpotat ed enterprise established according to law, and shall have the ability to use such imported waste and be equipped with the corresponding pollution control facilities; (2)The waste being applied for importation shall be those contained in the List of Waste that Can Be Used as Raw Materials and are Restricted in Importation by the State. Article 11 The unit applying for importing the waste listed in Annex I or the user of such waste shall submit the following application materials: (!)"Application for Waste Importation" (Annex II) (2)"Statement on Environmental Risk Involved in Using Imported Waste as Raw Materials" or "Reporting Form on Environment Risk Involved in Using Imported Waste as Raw Materials"; The above-mentioned application materials shall be made in triplicate form. Article 12 The competent departments of environmental protection which are responsible for ac cepting waste import applications shall process the applications separately within 5 days from the date of receipt of the applications per the following provisions: ( 1) Waste importation applications which are in conformity with Articles 9 and 10 of these Provi sions shall be accepted; ( 2) Waste importation applications which are not in conformity with any one of the items of Arti cle 10 hereof shall be refused and the applicant shall be informed of the reason for refusal. (3) Applicants who fail to submit any of the application materials as provided in Article 11 hereof shall he notified to make supplements and corrections within a specified time. Where no required sup plements and corrections are made within the specified time, the application shall be treated as it has ever been made. Article 13 The unit applying for importation waste Nos. 7204 .1000 to 7204. 5000 as listed in Category 6 of Annex I or the user of such waste shall make evaluations as to the environmental risks in volved in the waste which are to be imported and used as raw materials and the risks involved in the process of their storage, transportation and utilization, and shall fill in the "Reporting Form on Envir onmental Risk Involved in Waste Importation" and then submit the Form to the National Environmen tal Protection Agency directly for approval. Article 14 The unit applying for importing waste listed in Categories II , vn , VI and 9 of Annex I or the user of such waste shall make evaluations as to the environmental risks involved in the waste to be imported and used as raw materials and in the process of their storage, transportation and utiliza tion, and shall prepare the "Statement on Environmental Risk Involved in Waste Importation•• and 144 Interim Provisions on the Import of Waste Materials submit the statement to the competent departments of environment protection admi nistration for exam ination in accordance with the relevant stipulations of the National Environmental P~otection Agency. Article 15 The unit applying for importing waste Nos. 7204.1000 to Nos. 7204.5000 as listed in Categories I , ill , N , V and VI of Annex I or the user of such waste, or the unit reapplying for importing the waste which have ever been approved referred to in Article 14, shall make evaluations as to the environmental risks involved in the waste to be imported and used as raw materials and in the process of their storage, transportation and utilization, and shall fill out the ''Form on Environmental Risks Involved in Waste Importation" and then submit the Form together with the "Application for Waste Importation" to the competent departments of environment protection administration for exami nation in accordance with the procedures as provided in Clause (2) Article 9 of these Provisions. Article 16 The technical requirements and the examination procedure for evaluating the environ mental risks involved in waste importation shall be formulated separately by the National environmental Protection Agency. The unit undertaking the evaluation of environmental risks involved in waste importation shall have acquired the "Qualification Certificate for Evaluating Environmental Risks Involved in Waste Im portation" approved and issued by the National Environmental Protection Agency. Article 17 The competent departments of environmental protection administration at municipal level and those at provincial level who accept the waste importation applications shall write and submit their examination comments and notify the applicant within 10 working days from the date of receipt of the application materials for waste importation. Article 18 The decision on whether to approve the applications for waste importation shall be made by the National Environmental Protection Agency and shall be notified to the applicant within 10 working days from the date on which the application materials for waste importation are accepted di rectly by the National Environmental Protection Agency or submitted to the Agency by the competent departments of environmental protection administration at provincial level. As for the approved applications for waste importation, the "Approval Certificate for Waste Im portation" (Annex ill ) shall be issued by the National Environmental Protection Agency. Article 19 In examining the application materials for waste importation, the National Environ ment Protection Agency may organize experts to make verifications on the application materials or seek advice from relevant departments when it is deemed necessary. Article 20 The term of validity of the "Approval Certificate for Waste Importation" issued by the National Environment Protection Agency is one year. Article 21 As for the waste listed in Annex I hereof, the customs shall make inspection and clear customs for such waste against the "Approval Certificate for Waste Importation" issued by the National Environmental Protection Agency and the Certificate of Inspection issued by import and export com modity inspection agency at the area where the port is located. Article 22 Waste importers and users must fill out the "Reporting Form of Waste Importation" (Annex N) with regard to the waste imported each quarter of the year, and shat! submit the Form to the competent departments of environmental protection administration at municipal level in the area where the user of the waste is located. Waste users shall take measures to prevent and control the environmental pollution caused by im ported waste in accordance with the requirements as set in "Statement on Environmental Risks In volved in Waste Importation" or "Form of Environmental Risks Involved in Waste Importation". Article 23 Where the department for import and export commodity inspection discover any issue which is likely to cause environmental pollution in the course of its inspection of imported waste, it shall inform and hand over the issue to the local competent departments of environmental protection administration and customs for settlement according to law. Article 24 With regard to the processing and production projects which use imported waste as construction raw materials, the construction units shall make evaluation of environmental risks in volved and prepare the "Statement on Environmental Risks Involved in Waste Importation", and sub mit the statement to the National Environment Protection Agency for examination, after the compe 145 Interim Provisions on the Import of Waste Materials tent departments of environmental protection administration at municipal and provincial levels in the area where the construction project is carried out have written and signed their comment on the state ment. Article 25 Units which are engaged in the processing and utilization of waste listed in Category VII of Annex I shall be the waste processing and utilization units designated and approved by the Na tional Environmental Protection Agency. Article 26 Any enterprise applying for approval to import, operate or process the waste listed in Annex I shall submit an approval application document to the National Environmental Protection Agency. Those who fail to submit said document will not receive or registration approval from the dep artments of industry and commerce administration. Enterprises which have already engaged in waste importation and processing activities prior to the entry into force of these Provisions shall file a supplementary application with the National Environ mental Protection Agency for examination and approval in accordance with the provisions of the Urgent Circular on the Strict Control of the transfer of the Transfer of Foreign Waste to China issued by the General Office of the State Council in 1995. Chapter ][ Provisions for Penalty Article 27 Where waste from foreign countries are imported for dumping, storage and discharg ing within the territory of the People's Republic of China in violation of the provisions of these Provi sions, or where waste are imported and used as raw materials without approval and authorization of the National Environmental Protection Agency, the violator shall be punished in accordance with Article 66 of the "Law of the People's Republic of China on Prevention and Control of Environmental Pollu tion by Solid Waste". Those who import waste which can not be used as raw materials in the name of raw material utili zation, shall be punished according to the foregoing paragraph. Article 28 With regard to the solid waste which have already been imported into the territory of the People's Republic of China, Article 68 of the "Law of the People's Republic of China on Preven tion and Control of Environmental Pollution by Solid Waste" shall apply. Article 29 Those who forge or alter the "Approval Certificate for Waste Importation" issued by the National Environmental Protection Agency shall be imposed a fine ranging from RMB 50,000 to 500,000 yuan by the Agency, and the case shall also be referred judicial organs for investigating crimi nal liabilities. Article 30 For those who failed to go through supplementary procedures with the National En vironmental Protection Agency for approving their business in waste importation within specified peri od of time by violating the provisions of Clause 2, Article 26 of these Provisions and continue to con duct waste importation business, the customs shall give no customs clearance to the waste imported and shall order the importer to ship the waste back. The competent departments of foreign trade and eco nomic cooperation shall deprive them of their rights for import operations according to law, and the de partments of industry and commerce administration shall suspend their business licences. Article 31 Any person conducting waste import superintendency and administration abuses his power, neglects his duties and engages in malpractice for private gains, shall be given a disciplinary sanction in case where his act does not constitute a crime; and criminal sanctions shall be imposed ac cording to law in case where his act constitutes a crime. Chapter N Supplementary Provisions Article 32 The terms as used in these Provisions are defined as follows: ( 1) Scope of waste: "Solid waste'~ refers to the solid and semi-solid discarded materials which cause pollution to envir onment and are generated from production and construction, daily life and other activities. "Industrial solid waste" refers to the solid waste generated from production activities in sectors 146 Interim Provisions on the Import of Waste Materials such as industry and transportation. "Urban domestic garbage" refers to the solid waste generated from urban daily life or from activi ties providing services to the daily life of urban zones, as well as the solid waste being deemed as urban domestic garbage by laws and administrative rules and Provisions. "Hazardous waste" refers to those waste listed in the National Directory of Hazardous Waste or the waste which have been identified with hazardous characteristics by applying the national standards and methods for hazardous waste identification. (2)"Waste import units" refers to the foreign trading units engaged in waste importation. (3)"Waste users" refers to the units actually engaged in the processing and utilization of imported waste. Article 33 Any regulations on the administration of waste importation promulgated by the Na tional Environmental Protection Agency independently or in conjunction with relevant departments be fore the date of promulgation of these Provisions shall be ceased implementation in case where they contain provisions differing from these Provisions. Article 34 These Provisions shall be interpreted by the National Environmental Protection Agen cy in conjunction with other relevant departments. Article 35 These Provisions shall come into force on April 1 , 1996. Attachment : Relevant provisions of the Law of the People' s Republic of China on Prevention and Control of Environmental Protection by Solid Waste. Article 66 In case where the solid waste are imported in the territory of the People's Republic of China for dumping, storage and disposal in violation of the provisions of this Law, or solid waste are imported into the territory of the People's Republic of China without permission and authorization of the competent departments under the State Council, the customs shall order the importer to ship the solid waste back and a fine ranging from RMB 100 , 000 to l , 000 , 000 yuan shall be imposed. Those who commit an offence of smuggling by evading the customs superintendency shall be prosecuted for criminal liabilities. Those who import waste which cannot be used as raw materials, but are imported in the name of raw material utilization shall be punished according to the foregoing provisions. Article 68 with regard to the solid waste which have already been imported into the territory of the People's Republic of China, the competent departments of environmental protection administration under the people's governments above provincial level shall put forth its opinion on the settlement of the issue, and the customs shall make a decision punishment according to Article 66 of this Law; In case where environmental pollution has already been caused, the competent departments of environ mental protection under the people' s government above provincial level shall order the importer to eliminate the pollution caused. Annex: Category 1 2 3 List of Wastes Used as Raw Materials and Restricted In Importation (Promulgated on March 1, 1996, as amended on October 15,1996) Commodity code Description 0506.9010 2619.0000 4401. 3000 Animal w8stes Wastes of bones Smelt slag Slag, dross ( other than granulated slag). Scaling and other wastes from the manu facture of iron or steel. This entry covers the use of such slag as a source of titanium dioxide and vanadium Wood and wood articles wastes Sawdust and wood waste and scrap, whether or no-agglomerated in logs, briquettes pellets or similar forms 147 Interim Provisions on the Import of Waste Materials Category Commodity code 4 5 6 7 8 9 10 4501. 9000 4707.1000 4707.2000 4707.3000 4707.9000 5202.1000 5202.9000 5505.1000 5505.2000 7204.1000 7204.2100 7204.2900 7204.300 7204.4100 7204.4900 7204.5000 7401.1000 7401.2000 7404.0000 7503.0000 7602.0000 7902.0000 8002.0000 8103.1000 8908.0000 3915.1000 3915.2000 3915.3000 3915.9000 Description Waste cork, crushed, granulated or ground cork tableware and kitchenware, of wood Waste and scrap of paper or paperboard Of unbleached kraft paper or paperboard or of corrugated paper or paperboard Of other paper or paperboard make mainly of bleached chemical pulp, not colored in the mass Of paper or paperboard make mainly of mechanical pulp ( for example, newspapers, journals and similar printed matters Waste and scrap of other paper or paperboard Tex tile wastes Yam waste (including thread waste) Other yam waste Synthetic fabric scrap Man-made fabric scrap Base metals and articles of base metal waste Waste and scrap of cast iron Waste and scrap of stainless steel Waste and scrap of other alloy steel Waste and scrap of tinned iron steel Turnings, shavings, chips, milling waste, sawdust, filings, trimmings, an stampings, whether or not in bundles Other waste and scrap of iron and steel Remelting scrap ingots Copper mattes Cement copper(precipitated copper) Copper waste and scrap Nickel waste and scrap Aluminum waste and scrap Zinc waste and scrap Tin waste and scrap Tantalum waste and scrap Waste electric motors, electrical scraps and waste wires and cables Waste electric motors Waste wires and cables Waste electric scraps Waste transportation equipment Vessels and other floating structures for breaking up Wastes that special needed for importation Scrap and leftover pit and piece of plastics Scrap and leftover pit and piece of polyethylene Scrap and leftover pit and piece of polyphenylethylene Scrap and leftover pit and piece of polychloroethylene Scrap and leftover pit and piece of other plastics 148