Approved By The Export Of Hazardous Waste Management

Original Language Title: 危险废物出口核准管理办法

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(January 25, 2008 the State environmental protection administration, the 47th release as of March 1, 2008) contents chapter I General provisions chapter II export applications and approved chapter III supervision and administration chapter fourth penalty chapter fifth supplementary provisions chapter I General provisions article in order to regulate the export of hazardous waste management, prevention of environmental pollution, based on the control of transboundary movements of hazardous wastes and their disposal Basel Convention (hereinafter referred to as the Basel Convention) and related method     Laws, administrative regulations, and these measures are formulated.     Article People's Republic of China territory harmless disposal of hazardous wastes should be carried out in the territory, reducing exports, and reducing the environmental risks of movements of hazardous waste exports.     Ban on exports to non-parties to the Basel Convention hazardous wastes.     Third generation, collection, storage and treatment units, the use of dangerous waste, People's Republic of China outside the parties to the Basel Convention hazardous wastes, hazardous waste export approval must be obtained.     Hazardous waste in these measures, is included in the national hazardous waste list or according to the regulations of the State's hazardous waste identification standards identification method and found to have hazardous properties of solid waste.     The Basel Convention's "hazardous waste" and "other waste", as well as import or transit of the parties established by the legislation of the parties, "hazardous wastes", the export management approved these measures shall also apply.     Article fourth environmental protection Administrative Department under the State Council is responsible for the approval of applications for hazardous waste export, and supervision and management.     Local people's Governments at or above the county level administrative Department of environmental protection according to the regulations, supervision and administration of hazardous waste export activities carried out within their respective administrative areas.     Chapter II applications for export and the approved section fifth for exports of hazardous wastes, environmental protection Administrative Department under the State Council shall be submitted to the following materials: (a) the application.     (B) transboundary notification (in Chinese and English).     (C) the exporter and the importer (region) signed a written agreement or use of the disposer.     (D) the basic situation of hazardous waste data sheets, material safety data sheet (MS-DS) or the chemical safety data sheet (CSDS).     (E) documentation of hazardous waste, including hazardous waste, venue, description of processes and equipment.     (F) hazardous waste in the importing country (region) disposal or utilization of documentation including hazardous waste disposal or utilization facilities location, type, capacity, and dispose of or arising out of the use of waste water, waste gas, and waste residue treatment methods.     (G) the disposal or used in the importing country (region) obtained for hazardous waste disposal or authorize or permit a valid voucher.     (H) transport of hazardous waste pollution emergency plans.     (I) the hazardous waste transport route documentation, including transport routes (including via the provinces, cities, counties), place of departure and transit countries (regions) crossing point, the importing country (region) entry and importing countries (regions) and transit countries (region) authorities, such as contact information and mailing address. (X) export a written commitment from a file or a valid insurance file.     Issue a written commitment document, should commit to not export or due to an accident caused when pollution, bear the return of hazardous waste, disposal, abatement of pollution and related costs such as damages. (11) the exporters of business license.     Exporter for hazardous waste collection, storage, disposal, or use of, the need to submit a hazardous waste operating permit.     (12) domestic transport of hazardous waste unit qualification certificate for the transport of dangerous goods and the contract of carriage.     Copies of application materials listed in the preceding paragraph shall bear the seal of the applicant.     Article sixth environmental protection Administrative Department under the State Council are made on the following: (a) the application materials are complete and meet the requirements, be admissible; (b) the application materials are incomplete or do not meet the requirements, it shall immediately or within 5 working days once inform all applicants need to supplement the content.     Seventh article State environmental protection administrative competent sector on meet following conditions one of of, should since accepted of day up 15 a days within, made preliminary approved export decided: (a) imports country (area) of using who need will the dangerous waste as again cycle or recycling industrial of raw materials, and has corresponding of technology capacity, and necessary facilities, and equipment and places, can to environment harmless of way using the dangerous waste;     (B) the People's Republic of China without the hazardous waste is disposed of in environmentally sound required adequate technical capacity and the necessary facilities, equipment or appropriate disposal sites, and importing country (region) of disposal the appropriate technical capacity, the necessary facilities, equipment and premises, and environmentally sound way to dispose of the hazardous waste.     Environmental protection Administrative Department under the State Council do not meet the conditions set out in the preceding paragraph shall, within 15 working days from the date of acceptance, not to approve export decisions, and notify the applicant in writing. Environmental protection Administrative Department under the State Council to the admissibility of the application for review in writing.     Need on-site verification, verification shall be assigned two or more staff.     Article eighth has given preliminary approval to decide applications for export of hazardous wastes, environmental protection Administrative Department under the State Council shall provide importing countries (regions) and transit countries (regions) sent written comments to the competent authority a letter and receipt of the agreed import and agree on transit within 5 working days from the date of the written opinion, approved for export to make decision.     On the importing country (region) authorities and transit countries (regions) the authorities agreed to export or transit of hazardous wastes, and not approve export applications and notify the applicant in writing.     Nineth environmental protection Administrative Department under the State Council shall make a decision within 10 working days of the date, hazardous waste export authorizations issued to applicant.     Environmental protection Administrative Department under the State Council according to the hazardous waste export transport routes are provided documentation, will approve the results of hazardous waste location and transport through areas in environmental protection Administrative Department of the people's Government at the provincial level.     Results approved by the provincial Department of environmental protection administration should be notified within their respective administrative areas of the district municipal and County Administrative Department of environmental protection.     Tenth article has following case one of of, should again proposed application: (a) change or increased export dangerous waste category or number of; (ii) change export who, and imports country (area) of disposal who or using who of; (three) change imports country (area), and transit country (area) of; (four) change export purpose of; (five) change export time of.     11th hazardous waste export notice of approval effective period of not more than 1 year.     Chapter III supervision article 12th exporters of hazardous waste should be on every batch of exports of hazardous waste, fill out the transfer documents on transboundary movements of hazardous wastes, in duplicate.     Export movement document shall be as starting point until the transfer of hazardous waste from disposal or use of sites and by exporters, carriers and importers of hazardous waste (regional) importer, dispose of or exploit and related countries (region) Customs authorities to fill in relevant information.     Exporters of hazardous waste information should be completed movement document, a report submitted to the State Council Administrative Department of environmental protection, a retained file. Exports of hazardous waste should be kept retained the transfer of archive documents, without damage. Movement document retention period should be no less than 5 years.     Environmental protection administration under the required shelf life extension of the movement document to the competent authority, the authorities concerned should extend the retention period of movement document as and when required. 13th environmental protection Administrative Department under the State Council has the right to check the operation of the transfer document, local people's Governments at or above the county level may also appoint environmental protection Administrative Department check the operation of the transfer document.     The units under inspection shall be subject to checks, truthful reporting.     14th in hazardous waste transport began before 10 working days, exports of hazardous waste should fill out the shipping information before reporting form, and it, along with a copy of the completed movement document, be submitted to the State Council Administrative Department of environmental protection, and CC, hazardous waste removal and transport through areas of provincial districts, the municipal and county level administrative Department of environmental protection.     15th since hazardous waste within 10 working days from the date of departure, exporters of hazardous waste shall report departure information fill out the form, and place it together with the export of hazardous waste and fill out a copy of the movement document by the carrier and hazardous waste copies of export declarations, submitted to environmental protection Administrative Department under the State Council.     16th article since dangerous waste imports who received dangerous waste of day up 10 a days within, dangerous waste export who should fill in arrived in imports country (area) information report single, and will its together with dangerous waste export who, and related carrier, and dangerous waste imports who and the transit country (area) customs, and imports country (area) Customs fill in finished of transfer documents copies, together submitted State environmental protection administrative competent sector.     17th article since dangerous waste disposal or using finished of day up 40 a days within, dangerous waste export who should fill in disposal or using finished information report single, and will its together with dangerous waste export who, and related carrier, and dangerous waste imports who, and imports country (area) of dangerous waste disposal who or using who and the transit country (area) customs, and imports country (area) Customs fill in finished of transfer documents original, together submitted State environmental protection administrative competent sector.     Article 18th since hazardous waste export authorizations within 20 working days from the date of expiry, exports of hazardous waste should fill out the report summary information on hazardous waste exports, and submitted to the State Council Administrative Department of environmental protection.    19th exporters of hazardous waste shall be in accordance with article 15th, 16th, 17th and 18th of the regulations of environmental protection Administrative Department under the State Council to submit related materials, with a copy to remove hazardous waste from provincial districts, the municipal and county level administrative Department of environmental protection. 20th prohibits counterfeiting, altering or notice approved by the trade in hazardous waste exports.     Chapter fourth penalty 21st article violates these rules, no hazardous waste export approval notice or not in accordance with the approved notice of export hazardous waste exports of hazardous wastes, the environmental protection Administrative Department of the people's Governments above the county level shall order rectification, and a fine of up to 30,000 yuan.     Not in accordance with the approved notice of export hazardous waste exports of hazardous wastes, and in serious cases can also be formulated by the Administrative Department of environmental protection notice of revocation of approved hazardous waste exports.     22nd article violates these rules, applications approved by the export of hazardous waste to hide relevant information or provides false materials, environmental protection Administrative Department under the State Council shall not accept the application or not to approve the application, give a warning, and recorded their record.     23rd article violation this approach provides, has following behavior one of of, by County above government environmental protection administrative competent sector ordered corrected, and sentenced fine: (a) not by provides fill in transfer documents of; (ii) not by provides run transfer documents of; (three) not by provides of archive term custody transfer documents of; (four) refused to accept environmental protection administrative competent sector on transfer documents implementation situation for check of.     The preceding paragraph (a), (b), (c) Act, fines of between 30,000 yuan; former subparagraph (d), according to the law on prevention and control of environmental pollution by solid waste provisions of 70th, will be punished.     The preceding paragraph (a), (b), (d), if the circumstances are serious, shall be formulated by the Administrative Department of environmental protection notice of revocation of approved hazardous waste exports.     24th article violates these rules, relevant information has not been submitted to the State Council Department responsible for Environmental Protection Department, Administrative Department of environmental protection or were not reported to the relevant local people's Governments, the people's Governments above the county level administrative Department of environmental protection a rectification; fails, the people's Governments above the county level by the Administrative Department of environmental protection fined a maximum of 30,000 yuan, and recorded exports of hazardous waste according to the record.     25th article violates these rules, forged, altered or notice approved by the trade in hazardous waste exports, by the public security organs in accordance with the People's Republic of China public security management punishment law for punishment.     Article 26th by fraud, bribery or other improper means to obtain hazardous waste export notice of approval according to the People's Republic of China provisions of the law on administrative licensing shall be formulated by the Administrative Department of environmental protection revoked notice approved by the export of hazardous wastes, and fines of between 30,000 yuan.     27th article dangerous waste export failed to according to written agreement of provides completed Shi, if in imports country notification State environmental protection administrative competent sector and Basel Convention Secretary at zhihou 90 days or in about national agreed of another a term within cannot made environment Shang harmless of disposal alternative arrangements, export who should is responsible for will waste back shipped home, and bear the waste of transport and disposal or using, related costs.     28th personnel responsible for the management work of approved hazardous waste exports negligence, malpractice or abuse of powers, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.     Fifth chapter supplementary articles article 29th from the People's Republic of China Taiwan exports to the other parties to the Basel Convention on hazardous waste approved in accordance with the measures implemented.         30th article this way come into force on March 1, 2008.       Attached: People's Republic of China security management punishment method 52nd article has following behavior one of of, at 10th above 15th following detention, can and at 1000 Yuan following fine; plot more light of, at 5th above 10th following detention, can and at 500 Yuan following fine: (a) forged, and variable made or sale State, and civic, and enterprise, and institutions or other organization of documents, and documents, and proved file, and seal of;...... Annex I: applications for exports of hazardous waste in annex II: notice of transboundary movement of hazardous wastes (Chinese) Annex III: hazardous waste in annex IV to the basic data tables:

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