Administrative Measures For The Licensing Of Waste Electrical And Electronic Products

Original Language Title: 废弃电器电子产品处理资格许可管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347868.shtml

Administrative measures for the licensing of waste electrical and electronic products

    (Released December 15, 2010, Ministry of environmental protection, the 13th since as of January 1, 2011) directory

    Chapter I General provisions

    Chapter II conditions and procedures

    Chapter III supervision and management

    The fourth chapter legal liability

    The fifth chapter by-laws

    Chapter I General provisions

    First in order to regulate the licensing of waste electrical and electronic products, to prevent environmental pollution by waste electrical and electronic products, in accordance with the People's Republic of China administrative licensing law and the People's Republic of China Law of prevention and control of environmental pollution by solid wastes, the waste electrical and electronic product recycling Management Ordinance, these measures are formulated.

    Second approach applies to the handling of waste electrical and electronic products the eligible applications, approval and related supervisory activities.

    This way, the term "waste electrical and electronic products", refers to the inclusion of the national development and Reform Commission, the Ministry of environmental protection, industry and information technology issued by the Ministry of the handling of waste electrical and electronic products catalogue products.

    Third national centralized treatment systems for waste electrical and electronic products, encourage the waste electrical and electronic products processing of scale, industrialization and specialization.

    The provincial environmental protection department shall, in conjunction with the people's Government at the relevant departments handling of waste electrical and electronic products in the region development plan, Department of environmental protection records.

    Preparation of the handling of waste electrical and electronic products should be in accordance with the focus on requirements for development planning, rational distribution of waste electrical and electronic products processing enterprises.

    Waste electrical and electronic product development planning should be based on the region's economic and social development, changes in industry structure, processing enterprises and other relevant circumstances, once every five years.

    Article fourth deals with waste electrical and electronic products shall comply with the relevant national resources utilization and environmental protection, labor, health, safety and security requirements.

    Ban the use of national technology and process has been officially eliminated waste electrical and electronic products.

    Fifth District municipal people's Government of the competent Department of environmental protection in accordance with these regulations, is responsible for the handling of waste electrical and electronic products qualified permission to work.

    Sixth people's Governments above the county level environmental protection authority in accordance with the waste electrical and electronic products recycling regulations and the relevant provisions of these measures, is responsible for the supervision and management of waste electrical and electronic products.

    Chapter II conditions and procedures

    Article seventh application treatment of waste electrical and electronic products of the Enterprise shall be established by law, in line with the waste electrical and electronic products of the region requires dealing with development planning, with value-added tax general taxpayer enterprise as a legal person, and to the following conditions:

    (A) have and its application processing capacity suitable treatment workshop of waste electrical and electronic products and sites, storage sites and dismantling processing equipment and ancillary data and information management systems, pollution control facilities;

    (B) having adapted to the treatment of waste electrical and electronic products by sorting, packaging equipment and transport vehicles, handling equipment, compression, packaging equipment, special containers and central control equipment, measuring equipment, such as emergency rescue and treatment equipment;

    (C) have a sound environmental management systems and measures, including the not the proper treatment of waste electrical and electronic products or solutions, environmental emergencies prevention measures and emergency plans;

    (D) professional and technical personnel with relevant safety, quality and environmental protection.

    Section eighth for waste electrical and electronic products of the Enterprise shall be made to the handling of waste electrical and electronic products environmental protection facilities district, the municipal people's Government departments submit a written application and provide related proof materials. Nineth district of the municipal people's Government of the Environmental Protection Department shall, within 3 working days from the date of acceptance of the application to apply for information about publicity, for public comment.

    Public notice period shall not be less than 10 working days.

    Public comments received, verifying the Environmental Protection Department for accepting applications. Tenth District of the municipal people's Government of the Environmental Protection Department shall, within 60 days from the date of acceptance of the application, review of the submitted material, and on-site verification organizations.

    Meet the requirements, issued waste electrical and electronic products certificate and announce it; do not meet the conditions, and notify the applicant in writing and state the reasons.

    11th waste electrical and electronic products certificate includes the following main elements:

    (A) the corporate name, legal representative, shelter;

    (B) treatment facility address;

    (C) the handling of waste electrical and electronic products;

    (D) the main treatment facilities, equipment and operating parameters;

    (E) processing capabilities;

    (F) the term of validity;

    (G) the issue date and certificate number.

    Treatment of waste electrical and electronic products certificate format, specified by the Environmental Protection Department.

    12th waste electrical and electronic product processing enterprise changes its corporate name, legal representative, or their place of residence, shall within 15 working days from the date of registration of changes of industry and commerce, the original issuing authority for processing waste electrical and electronic products eligible to change procedures.

    13th under any of the following circumstances, waste electrical and electronic products processing enterprises shall, in accordance with the original procedures and re-eligibility criteria for treatment of waste electrical and electronic products:

    (A) increase the categories of waste electrical and electronic products;

    (B) new treatment facilities;

    (C) the reconstruction or expansion of existing treatment facilities;

    (D) the disposal of waste electrical and electronic products than qualifications determined to handle more than 20%.

    14th treatment of waste electrical and electronic products development plan amendment, license issuing authority shall, according to the region's economic and social development, relating to waste electrical and electronic products to address market changes, intends to continue to engage in waste electrical and electronic products processing activity review of the enterprise, meet the requirements, renewal of waste electrical and electronic products certificate.

    15th waste electrical and electronic products intended to terminate the processing of the enterprise should be on management of facilities and sites to adopt pollution prevention measures, for failure to make proper disposal of waste electrical and electronic products, and from the date of adoption of the above measures apply to a license issuing authority in the 20th, after passing the on-site verification by the issuing authority to remove his qualification of waste electrical and electronic products.

    Termination of activities of the handling of waste electrical and electronic products enterprise, should be on the operating facilities, site investigation and risk assessment; assess repair needs governance, governance repair responsibility shall be borne.

    16th prohibits the non-treatment of waste electrical and electronic products certificate or not in accordance with the provisions of the waste electrical and electronic products certificate processing waste electrical and electronic products.

    Ban on waste electrical and electronic products provided or entrusted to no waste electrical and electronic products for the qualification of units and individuals engaged in processing activities.

    Forgery, alteration, transfer of waste electrical and electronic products certificate.

    Chapter III supervision and management

    17th District of the municipal people's Government of the Environmental Protection Department on March 31 of each year for the preceding year qualification certification of waste electrical and electronic products reported to the provincial environmental protection departments.

    People's Governments above provincial environmental protection departments should strengthen the district's municipal people's Government environmental authorities, issued waste electrical and electronic products supervision and inspection certificates, corrected violations.

    18th local people's Governments above the county level environmental protection departments through written verification and on-site inspection, strengthen supervision and inspection of the processing activities on waste electrical and electronic products, and will oversee the inspection and processing of the results shall be recorded, after being signed by the inspectors from the archive.

    Public can legally open to the local people's Governments at or above the county level shall apply to the competent Department of environmental protection supervision and inspection results. 19th annual monitoring of the waste electrical and electronic products processing enterprises should develop plans for daily monitoring of pollutant emissions.

    Monitoring reports shall be kept at least 3 years. Local people's Governments at or above the county level environmental protection departments should strengthen the handling of waste electrical and electronic products enterprise supervision monitoring of pollutant emissions.

    Supervisory monitoring every six months should not be less than 1. 20th waste electrical and electronic product processing enterprise shall set up a data management system regularly submitted to the handling of waste electrical and electronic products to the certification authority's basic data and information, and to the public.

    The requirements enacted separately by the Department of environmental protection.

    The fourth chapter legal liability

    21st waste electrical and electronic product processing enterprises, one of the following acts, local people's Governments at or above the county level environmental protection authorities shall order to stop the illegal practice, correct within a penalty of between 30,000 yuan; it fails to mend, take back waste electrical and electronic products by the certification authority certificate:

    (A) not in accordance with the provisions of the waste electrical and electronic products certificate handling of waste electrical and electronic products;

    (B) qualification of not complying with the provisions of waste electrical and electronic products change, renewal, and cancellation procedures.

    22nd waste electrical and electronic product processing enterprises, one of the following acts, in addition to penalties in accordance with relevant laws and regulations, take back waste electrical and electronic products by the certification authority certificate:

    (A) without shutdown, idle, dismantled or abnormal use of pollution control facilities, workplaces, rectification of environmental protection authorities above the county level people's Government, it fails to mend;

    (B) greater above the level of environmental emergencies.
23rd waste electrical and electronic products processing enterprises will waste electrical and electronic products provided or entrusted to no waste electrical and electronic products for the qualification of units and individuals engaged in activities, local people's Governments at or above the county level environmental protection authorities shall order to stop the illegal practice, correct within a penalty of between 30,000 yuan in serious cases, by the issuing authority certificate of recovery of waste electrical and electronic products.

    Article 24th forged or altered certificate of waste electrical and electronic products, collected by local people's Governments at or above the county level environmental protection authorities forged or altered certificates, fines of between 30,000 yuan; activities contravening public security management, and transferred to the public security organs according to law on public security administration punishment constitutes a crime, transferred to the judicial organ shall investigate its criminal responsibility.

    Resell, lease, lend or in any other form of illegal transfers of waste electrical and electronic products certificate, local people's Governments at or above the county level environmental protection authorities shall order to stop the illegal practice, correct within a penalty of between 30,000 yuan in serious cases, by the issuing authority certificate of recovery of waste electrical and electronic products constitutes a crime, transferred to the judicial organ shall investigate its criminal responsibility.

    25th article violates other provisions of these measures, in accordance with the People's Republic of China Law of prevention and control of environmental pollution by solid wastes, the waste electrical and electronic products recycling regulations and other relevant laws and regulations for penalties.

    The fifth chapter by-laws

    26th before the implementation of these measures has been engaged in the activities of the handling of waste electrical and electronic products enterprise shall, within 60 days from the date of implementation of this approach, to the handling of waste electrical and electronic products environmental protection facilities district, the municipal people's Government departments referred to the waste electrical and electronic products eligible; fails to apply for, may not continue to engage in waste electrical and electronic products processing activities. 27th article this way come into force on January 1, 2011.