Regulation on Strengthening Control Over Shipment of Import Wastes

Regulation on Strengthening Control Over Shipment of Import Wastes- 1996 (Promulgated by Decree No.5 of the Ministry of Communications on August 19, 1996) Article 1 These regulation are formulated according to "Basel Convention for Control over Transit and Tranference of Harmful wastes, 1989" that China join in and "Maritime Law of the People's Republic of China", "Law of the People's Republic of China on Prevention of Environment Pollution by Solid Wastes" as well as other relevant laws and international navigation practices, with a view to strengthening control over transportation of import wastes, coordinating with relative departments of the State to prevent harmful wastes from illegally entering into our country and polluting the environment. Article 2 The carriers that handle shipment of foreign trade commodities must strictly abide by relevant laws, regulations and rules and cannot ship wastes prohibited to import by our country. Article 3 The carriers that ship wastes permitted to import may accept booking space on condition that the consignor, shipper or their agents meet with the following requirements. 1. submitting certificate of approval for import wastes issued by the State Administration for Environmental Protection; 2. submitting pre-shipment inspection certificate for import wastes issued by the commodity inspection authorities or inspection agencies designated and accredited by the State Administration of Commodity Inspection; 3. providing duplicate of the original trade contract or its number, or the written confirmation of the consignee; 4. providing detailed name and address of the consignee. Article 4 The carriers should issue named bill of lading, but not order bill of lading. Article 5 In case the consignee, on arrival at the port of destination, fails to pick up import wastes within the specified time-limit, they shall be disposed of in accordance with relevant laws and regulations. the consignee shall bear any responsibilities and charge hereby arise. Article 6 In case wastes imported to our country as specified are not in conformity with the import standard, the consignee should return the goods according to law and shall bear any responsibilities and charges hereby arise. Article 7 The carriers that undertake transportation without obeying the aforesaid regulations shall bear any responsibilities and be responsible to return the shipment. Article 8 Each port should actively coordinate with relevant departments and adopt effective measures to prevent harmful materials from entering. Article 9 These regulations shall be subject to the explanation of the Ministry of Communications. Article 10 These regulations shall go into effect on August 20, 1996.