Imported Solid Wastes As Raw Materials Inspection And Quarantine Supervision And Administration

Original Language Title: 进口可用作原料的固体废物检验检疫监督管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/200912/20091200145462.shtml

Imported solid wastes as raw materials inspection and quarantine supervision and administration

    (August 21, 2009 the State General Administration of quality supervision, inspection and quarantine announced 119th since November 1, 2009) Chapter I General provisions

    First to strengthen the inspection and quarantine of imported solid wastes as raw materials supervision and management, protection of the environment, in accordance with the People's Republic of China import and export commodity inspection Act and its regulations, and the People's Republic of China on frontier health and quarantine law and its implementing rules, and the People's Republic of China entry and exit animal and plant quarantine Act and its implementing regulations, the People's Republic of China solid? waste pollution prevention law and other related laws and regulations, these measures are formulated.

    Second approach applies to imported solid wastes as raw materials (hereinafter referred to as waste materials) and supervision of inspection and quarantine.

    Third State administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) competent national inspection and quarantine of imported wastes as raw materials, and supervision and management.

    State quality watchdog based in local entry-exit inspection and quarantine agencies (hereinafter referred to as the inspection and quarantine agencies) responsible for the inspection and quarantine of imported wastes as raw materials, and supervision and management. Fourth State of imported wastes as raw materials of foreign suppliers, domestic consignee registration system.

    Domestic and foreign suppliers to the consignee before the signing of foreign trade contracts, registration should be made. Article fifth State applies a system of pre-shipment inspection of imported wastes as raw materials.

    When the imported waste raw materials inspection, the consignee shall provide the inspection and quarantine agencies or issued by the inspection bodies designated by the State administration of quality supervision, inspection certificate before shipment.

    After the arrival of imported waste raw materials, by the inspection and quarantine agency shall conduct inspection and quarantine.

    Sixth the State General Administration of quality supervision inspection and quarantine imposed on imported waste raw materials risk analysis and early warning notification system.

    Chapter II foreign dealer registration

    Article seventh AQSIQ is responsible for application of registration of foreign suppliers receive, review and approve work.

    Article eighth foreign supplier's application for registration, shall comply with the following conditions:

    (A) country (region) of legitimate business qualification;

    (B) have a fixed office space;

    (C) be familiar with and comply with the inspection and quarantine, China environmental protection laws and regulations;

    (D) obtained ISO9001 quality management system, the RIOS system certification;

    (E) enterprises should ensure that their products comply with its application for registration of waste in raw materials of China on security, public health or the protection of the compulsory requirements of the technical norms of the State;

    (Vi) have relatively stable sources of supply, and the supply sources of environmental quality control measures;

    (VII) within the last 3 years has not been a significant security, public health, environmental quality problems;

    (H) with the Internet's ability to apply for registration and Declaration of pre-shipment inspection, with radiation detection equipment and other infrastructure and testing capacity.

    The Nineth abroad supplier's application for registration, it shall provide the following documents:

    (A) the application for registration;

    (B) certified tax registration documents, business registration document must provide a notarized business registration documents;

    (C) the description of the Organization, Department and position duties;

    (D) indicate the size of a fixed office space floor plans, processing facilities, provide processing site plan, a complete picture of the venue is the real video files, or more than 3 photos;

    (E) or the RIOS system certification of ISO9001 quality management system certificate color copies of guidance documents and related job.

    The written material submitted shall be in Chinese or English text.

    Article tenth AQSIQ registration application for registration to foreign suppliers, should be dealt with separately according to the following conditions:

    (A) the application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within the 5th time inform all applicants need to correct content, fails to inform the, shall be accepted as of the date of receipt of the application materials;

    (B) the application materials are complete and comply with the statutory format, or the applicant requested by the AQSIQ correction all application materials submitted, should be inadmissible. 11th the AQSIQ shall accept foreign dealer registration applications within 10th of composition of expert review groups, implementation written review.

    Specialists in the field do not count the time required, but shall advise the applicant in writing.

    Review Group should be made after the end of the review the review findings, assessment reports to the AQSIQ.

    12th AQSIQ on the date of receipt of the assessment report within 10th the decision whether or not to grant registration.

    AQSIQ to review qualified applicant, registration and issuance of registration certificate of registration; reviewing nonconformities shall not be registered, and to state the reason in writing, inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    Suppliers of imported wastes as raw materials abroad registration certificate is valid for 3 years.

    13th change of registration of foreign suppliers shall from the date of change in the 30th to the AQSIQ submitted change requests, and submit the materials:

    (A) the name or the legal representative changes, materials prescribed by the Nineth first to second these measures;

    (B) address changes, this material provided for under article Nineth diyi、er、si.

    Foreign suppliers require additional registered waste raw materials, AQSIQ should be submitted to the new type of material provided in this article Nineth first to fifth.

    14th the AQSIQ shall receive foreign suppliers change the registration date of the registration application in the 20th, and whether to approve the decision to change registration.

    15th name and legal representative of the foreign supplier changes in per capita should be re-registration application to the AQSIQ.

    16th abroad dealer needs to extend validity of registration shall, 90 days before the expiry of registration certificate submitted to the gaqsiq renewal application, and submitted to the provisions of article Nineth diyi、er、si materials as well as the availability of reports within the validity period of the certificate.

    17th AQSIQ shall from the date of receiving the application for continued registration within 90 days and make a decision on whether to approve the extension register.

    Chapter III domestic consignee registration

    18th entry inspection and Quarantine Bureau is responsible for areas domestic consignee registration applications receive, review and approve work.

    19th national applying for registered consignee shall comply with the following conditions:

    (A) have the legal qualification of the import and export trade;

    (B) have a fixed office space;

    (C) be familiar with and comply with the China inspection and quarantine, protection of the mandatory requirements and the technical specification related to environmental control standards;

    (D) establish and operate quality management systems;

    (E) have relatively stable sources of supply and domestic unit.

    Article 20th domestic consignee is applying for registration should provide the following materials:

    (A) the application for registration;

    (B) the business license and copy of;

    (C) the Organization code certificate and its copy;

    (D) the foreign trade operator record registration certificate of import and export qualification license file and its copy;

    (E) the quality management system documentation;

    (F) domestic units, shall provide agency import documents, domestic use of organization code certificate (copy) and the imported solid wastes as raw materials table unit.

    21st inspection and Quarantine Bureau of domestic consignee registration applications should be dealt with separately according to the following conditions:

    (A) the application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within the 5th time inform all applicants need to correct content, fails to inform the, shall be accepted as of the date of receipt of the application materials;

    (B) the application materials are complete and comply with the statutory format, or the applicant in accordance with the requirements of the inspection and quarantine all corrected application materials submitted, should be inadmissible. 22nd entry inspection and Quarantine Bureau shall accept domestic consignee registration applications within 10th of composition of expert review groups, implement a written assessment and site assessment.

    Specialists in the field do not count the time required, but shall advise the applicant in writing. The written review of qualified applicants, review group shall, in accordance with the registration of imported solid wastes as raw materials domestic consignee registration review form requirements of the on-site review.

    Review Group should make an on-site assessment plan, and 15th before the implementation date of audit notifies the applicant.

    Review groups should be made after the end of the review the review conclusions, to submit to the inspection and quarantine administrations under review report.

    23rd entry inspection and Quarantine Bureau on the date of receipt of the assessment report in the 10th to make the decision whether or not to grant registration.

    Qualified applicants for immediate inspection and Quarantine Bureau of accreditation, registration and issuance of registration certificate of registration; written reviewing nonconformities, reviewing nonconformities or newly discovered a violation of China's laws and regulations, shall not be registered, and to state the reason in writing, inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    The imported waste raw materials domestic consignee registration certificate is valid for 3 years.

    Article 24th domestic consignee registration content changes, shall from the date of change in the 30th applied to the inspection and quarantine administrations under proposed changes, and submit the materials:

    (A) the address or the change of the legal representative, and materials prescribed by the 20th first to second these measures;

    (B) the agent of changes, this material provided for under article 20th first to sixth.

    25th inspection and Quarantine Bureau shall receive domestic consignee registration changes from the date of application for registration in the 20th, and whether to approve the change registration decision.
Article 26th domestic consignee's name change, it should be re-registration application to the inspection and Quarantine Bureau.

    27th domestic consignee needs to extend the registration period shall be 60 days before the expiry of registration certificate submitted to the inspection and quarantine administrations under renewal application and submitted 20th diyi、er、San、SI these measures provision of materials and production report, the report should include the following:

    (A) the business name, address changes and production;

    (B) the production and product changes;

    (C) within the period of validity of the certificate of imported wastes as raw materials, consignee at its use, processing and utilization of waste materials should be provided.

    28th entry inspection and Quarantine Bureau shall from the date of receiving the application for continued registration within 60 days whether to approve the continuation of the registration decision.

    The fourth chapter preshipment inspection

    Before the 29th waste raw materials imported, foreign suppliers to the inspection and quarantine agencies or designated preshipment inspection agency AQSIQ (hereinafter referred to as the pre shipment inspection bodies) apply for pre-shipment inspection.

    30th preshipment inspection agency should be commensurate with the pre-shipment inspection testing equipment, and professional and technical personnel.

    31st preshipment inspection bodies shall be stipulated by the State administration of quality supervision inspection scope according to China's environmental protection in the region and control standards and rules for the inspection of the pre-shipment inspection before shipping.

    32nd on inspection of pre-shipment inspection agencies issued electronic waste raw material inspection certificate; failed to pass the inspection, issuing the unqualified notice prior to shipment.

    Article 33rd imported waste raw materials goods found by inspection and quarantine authorities in the port of inspection certificate conformity or environmental projects failed, pre-shipment inspection agency shall report to the State administration of quality supervision inspection before shipping, and provides records to check the condition of the image and written information.

    34th AQSIQ to supervise and administer the preshipment inspection bodies according to the relevant provisions.

    The fifth chapter arrival inspection and quarantine

    35th article import waste materials delivered to the port, domestic consignee or his agent shall provide the port of entry inspection and quarantine inspection, inspection and quarantine.

    Reported check Shi should provides imports available for raw materials of solid waste abroad dealer registered registration certificate (copies), and imports available for raw materials of solid waste domestic consignee registered registration certificate (copies), and shipment Qian test certificate, and waste raw materials imports license (test quarantine joint) and contract, and invoice, and boxing single, and mention/AWB, necessary of paper quality or electronic single card.

    36th inspection and quarantine agencies shall, in accordance with national environmental protection control standards and procedures at the port of entry inspection and quarantine of imported wastes as raw materials for health and quarantine, animal and plant quarantine, environmental protection projects such as project inspection, inspection and quarantine.

    On imported waste paper, the State General Administration of quality supervision in accordance with the need to facilitate trade and inspection, inspection specified in other locations.

    37th inspection and quarantine institutions places of inspection and quarantine inspection of imported waste raw materials shall meet the following requirements:

    (A) have sufficient dedicated facilities or warehouses, with out of the box, out box and landing examination of necessary equipment;

    (B) implementation of electronic monitoring, video monitoring facilities, and on-site inspection and quarantine Office conditions in the workplace;

    (C) configure the handheld radiation detectors, scrap metals, scrap metal, smelting slag monitoring sites should also be equipped with channel or equipment radiation detection equipment;

    (D) the configuration necessary for emergency facilities (site protection, eliminate washing, sewage and rescue equipment supplies and personal care products) and communication and transportation equipment;

    (E) other general site facilities for inspection and quarantine requirements.

    Article 38th of inspection and quarantine institutions to pass the inspection and quarantine of imported wastes as raw materials, issued by the entry of goods customs form, and notes indicate the "above-mentioned goods following a preliminary test found no material does not meet the environmental protection requirements"; failed to pass the inspection and quarantine, issued by the inspection and quarantine treatment notice and the certificate of inspection and quarantine.

    Supervision and administration of the sixth chapter

    39th foreign suppliers and domestic consignee shall ensure compliance with the registration requirements, supply, import and other activities carried out in accordance with the scope of registration.

    Processing and utilization of domestic consignees not to carry out, delivery of imported wastes as raw materials comply with the provisions of the Environmental Protection Department should be used.

    40th State directly under the General Administration of quality supervision and inspection and Quarantine Bureau to foreign suppliers, domestic consignees to conduct inspections, verify, track the status of environmental quality of goods in the form of supervision and management.

    41st State quality inspection administration according to the quality of the goods supplied by the supplier, Dynamics evaluation of their level of integrity, its categories.

    42nd State quality inspection Administration imposed on imported waste raw materials a, b, and c early warning management:

    (A) on the need to eliminate foreign suppliers and domestic consignee registration, or came from a specific country/region, particular categories of imported waste raw materials, AQSIQ issued a kind of early warning, the inspection and quarantine agencies handle quarantine applications;

    (Ii) on abroad dealer provides, and domestic consignee imports or derived from specific national/area, and specific category of imports waste raw materials take added strict test measures of, national quality General released b class warning, test quarantine institutions on related waste raw materials implementation full test; on domestic consignee imports of waste raw materials take added strict test measures of, also can by directly under the test quarantine Council released b class warning, its area within test quarantine institutions on related waste raw materials implementation full test;

    (C) environmental projects failed waste raw materials or other risk control measures are needed, the State General Administration of quality supervision inspection and quarantine agencies or class c warning was issued, the port inspection and quarantine authorities should pay close attention to early warning in the warning period and its supporting tool of the goods movement, related to trigger c warning waste material the full inspection.

    Article 43rd foreign suppliers class b warning is triggered by one of the following situations occurs, the inspection and quarantine agencies for its output of waste materials to implement a 90-day full test:

    (A) the goods to match the certificates within one year or having not passed environmental project accumulated 3 or more (3);

    (B) not passed quarantine inspection and have greater risk of outbreaks;

    (C) according to the provisions of the present article 47th registration re-registration after revocation;

    (D) on-site inspection identified a defect in quality control systems.

    44th domestic consignee class b warning is triggered by one of the following situations occur, the inspection and quarantine agencies imposed on imported waste raw materials for a period of 90 days total inspection:

    (A) the import does not match the certificate of domestic waste materials has serious, untrue declaration, the investigation is a national responsibility of consignee;

    (B) domestic consignee registration content changes, not to the inspection and Quarantine Bureau within the prescribed procedures;

    (C) within one year of unqualified imported waste raw materials and environmental protection project for the first time, the investigation is a national responsibility of consignee;

    (D) on-site inspection identified a defect in quality control systems;

    (E) according to the provisions of the present article 48th registration re-registration after revocation.

    Article 45th domestic consignee due to any of the following circumstances trigger b these warning, the inspection and quarantine agencies imposed on imported waste raw materials for a period of 180 days total inspection:

    (A) the goods to match the certificates within one year or having not passed environmental project accumulated more than 2 (2), the investigation is a national responsibility of consignee;

    (B) at 90 days of tightened inspection occurred again in the circumstances set out in article 44th.

    The seventh chapter legal liability

    Article 46th imported waste raw materials of foreign suppliers, domestic consignee without registration, or without pre-shipment inspection of imported waste raw materials, in accordance with the relevant provisions of the State be ordered to return; the circumstances are serious, the inspection and quarantine agencies in accordance with the People's Republic of China import and export commodity inspection of 53rd of the regulations for the implementation of provisions of the law and a fine below 100,000 yuan and 1 million Yuan.

    47th abroad supplier of one of the following situations occurs, by the State administration of quality supervision in accordance with the People's Republic of China import and export commodity inspection of 53rd of the regulations for the implementation of provisions of the law to revoke its registration:

    (A) provides false immigration documents;

    (B) the transfer of the registration certificate or registration number used by other enterprises;

    (C) export of waste and raw materials if there is a fraud, fraud;

    (D) export of waste and raw materials projects seriously failed or there is a serious risk of environmental protection;

    (E) class b warning during the 43rd circumstances these measures again;

    (Vi) does not meet return;

    (VII) to substandard waste materials that have been returned for his second arrival in mainland China;

    (VIII) does not accept the supervision and management.

    48th domestic consignee of any of the following circumstances occurs, by the inspection and Quarantine Bureau in accordance with the People's Republic of China import and export commodity inspection of 53rd of the regulations for the implementation of provisions of the law to revoke its registration:

    (A) forging, altering, buying or using forged or altered documents;

    (B) the transfer of the registration certificate or registration number used by other enterprises;

    (C) does not require the delivery of imported wastes as raw materials corresponding to the processing unit;

    (D) class b warning during the 45th circumstances these measures again;

    (V) not in accordance with the requirements of the inspection and quarantine agencies to implement return;

    (Vi) do not accept supervision and management. 49th domestic consignees of imported wastes as raw materials to deception, the inspection and quarantine agencies in accordance with the State Council on strengthening food safety supervision and administration of the special provisions of article eighth value 3 times the amount of the fine constitutes a crime, criminal responsibility shall be investigated according to law.

    Inspection of imported wastes as raw materials, agents of deception, cancel the qualification of inspection and quarantine, and the value of the equivalent amount of fines.

    50th inspection and quarantine of imported waste raw materials neglects his duty, favoritism or abuse of authority, shall be given administrative sanctions constitutes a crime, criminal liability shall be investigated for their.
The eighth chapter by-laws

    51st from outside into the free trade zone, export processing zones and other special customs supervision management of imported waste raw materials, according to the implementation of these measures.

    Area of the provisions of the preceding paragraph produced during the production and processing of waste, inferior products, scrap and the affected goods belonging to the waste of raw materials needed to enter the domestic, free from inspection and quarantine, issued in accordance with the relevant provisions of the customs formalities of entry of goods.

    52nd according to rules on inspection and quarantine agencies scrap import ships and foreign ships, aircraft and equipment in the territory of waste from maintenance materials, inspection and quarantine, consignee or their agents from domestic registration certificate submitted to the foreign suppliers and the certificate of inspection before loading.

    53rd in this way are called certificates of electronic and paper certificates shall have the same effect.

    54th inter alia article 13th, 16th, 17th, 24th, 27th, 28th, 43rd, 44th, 45th, but in this way, the term "days" are working days.

    55th the Hong Kong, Macao and Taiwan areas of waste materials suppliers registered in accordance with these rules.

    56th foreign suppliers, domestic consignees of imported wastes as raw materials to the AQSIQ or all documents submitted by the inspection and quarantine administrations under the English version shall prevail.

    57th personnel engaged in the work of the inspection and quarantine of imported wastes as raw materials shall obtain the qualification prescribed by siqsaq. Registration review officers shall obtain the corresponding qualification prescribed by siqsaq.

    AQSIQ according to the actual operational needs and site assessment work requirements, you can hire professional auxiliary site assessment work.

    58th article this approach by the AQSIQ to interpret. 59th these measures shall come into force on November 1, 2009. Provision is inconsistent with this approach, is subject to this approach.