Importation of solid waste management

    (April 8, 2011 Ministry of environmental protection, the Ministry of Commerce, the national development and Reform Commission, the General Administration of customs, the State administration of quality supervision, inspection and quarantine announced as of August 1, 2011, 12th) directory

    Chapter I General provisions

    Chapter II general provisions

    Chapter III solid waste import license administration

    The fourth chapter, inspection and quarantine and customs procedures

    Supervision and administration of the fifth chapter

    Sixth chapter, places of special customs supervision and special provisions

    The seventh chapter penalty

    The eighth chapter by-laws chapter I General provisions

    First in order to regulate the importation of solid waste environmental management, prevent the import of solid waste pollution of the environment, in accordance with the People's Republic of China Law of prevention and control of environmental pollution by solid waste and the relevant laws, administrative regulations, and these measures are formulated.

    Solid waste in these measures in article, refers to the production, life and other events resulting in loss of use value or did not lose value but abandoned or given up solid, semi-solid and liquid and placed in a container of gas stores, material laws, administrative regulations, article, substance into solid waste management.

    Solid waste imports mentioned in these measures refers to People's Republic of China outside the import of solid waste into People's Republic of China territory of activity.

    Third article this regulation is applicable to imported solid waste activities in any way.

    Returned through gifts, export import, provide samples, such as solid waste into People's Republic of China territory, entry of repair is not transported out of solid waste, as well as exit repair or transported into the solid waste generated in the processing, unless otherwise specified, these measures are also applicable.

    Fourth prohibits the transfer of solid waste import license.

    Transfer of solid waste import licences in these measures refers to:

    (A) the sale or lease, lend solid waste import permit;

    (B) the purchase or lease, use import licenses import of solid waste solid waste;

    (C) the import of solid waste in whole or in part transferred to the solid waste outside the use of import permits sets out the entities or individuals.

    Fifth prohibits People's Republic of China dumping, piled up, disposal of solid waste from outside.

    Prohibition of re-export trade of solid waste.

    Made of imported solid waste solid waste import license shall not be in Customs custody, including free trade zone, export processing zones, bonded logistics park, bonded port areas under special customs supervision zones and bonded logistics center (A/B), bonded warehouses, customs bonded areas (hereinafter "special customs supervision and places").

    Except as otherwise provided, imported solid waste shall not apply to clearance procedures (except for paper). Sixth environmental protection Administrative Department under the State Council to the national import of solid waste environmental management shall exercise unified supervision and management.

    Commercial administrative department under the State Council, the State Department economic macro-control departments, the General Administration of customs and State administration of quality supervision, inspection and quarantine departments in their respective areas of responsibility within the import of solid waste management. Local environmental protection Administrative Department on the Administration at or above the county level shall supervise and administer the import of solid waste environmental management in.

    Commercial administrative departments at all levels, integrated economic macro-control departments, customs, entry and exit inspection and Quarantine Bureau, within the scope of their respective duties imposed on imported solid waste related to supervision and management.

    Environmental protection Administrative Department under the State Council in conjunction with the competent commercial departments, economic macro-control of the State Council departments, the General Administration of customs, State administration of quality supervision, inspection and quarantine departments to establish solid waste import management coordination mechanisms, imported solid wastes management information sharing and coordinating and managing solid waste imports and business supervision and management work of important services.

    Seventh article of any unit and individual have the right to all levels of environmental protection Administrative Department, Business Department, economic macro-control departments, customs and entry-exit inspection and quarantine authorities, Prosecutor's violation of imported solid waste regulation program and imported solid wastes polluting behaviour.

    Chapter II general provisions Eighth prohibits the import of hazardous waste.

    Banned by People's Republic of China transit movements of hazardous waste.

    Ban imports of solid wastes for heat recovery purposes.

    Prohibition of imports cannot be used as a raw material or not the harmless use of solid wastes.

    Banned imports of internally produced or stockpiled a large quantity of solid waste and have not yet been fully utilized.

    Ban on imports, there is no application of national environmental protection control standard or technical specification of mandatory requirements, such as solid waste.

    Prohibited to indicate delivery (TO ORDER) carriage of solid waste into Hong Kong.

    Nineth may make up for the domestic shortage of resources, and in accordance with national economic and technological conditions to the harmless use of solid waste as raw materials, in accordance with the pollution intensity of their processing and utilization process, restricting import and automatic licensing import categories.

    The tenth environmental protection Administrative Department under the State Council in conjunction with the competent commercial departments, economic macro-control departments of the State Council, and the General Administration of customs, State administration of quality supervision, inspection and quarantine departments, adjusted and promulgated the prohibition imports, limiting the import of solid waste import and automatic directory.

    11th banned imported solid wastes included in the list of banned imports.

    Imported under the restricted import or automatic licensing import directory of the solid waste, solid waste import permit must be obtained.

    12th imported solid wastes should take measures to prevent the scattering, loss prevention, leakage prevention or other measures to prevent pollution of the environment.

    13th shipment of imported solid wastes, reporting shall comply with customs regulations, regulations enacted separately by the General Administration of customs. 14th imports must comply with the import of solid waste as raw materials of solid waste environmental protection control standards or technical specifications such as mandatory requirements.

    Inspection and quarantine, did not meet imported solid wastes as raw materials environmental protection control standards or technical specifications mandatory requirements of solid waste must not be imported.

    15th application for and approval of imported solid waste, risk minimization, introduction "to the nearest port," customs. 16th State abroad for imported solid wastes as raw materials suppliers to implement a registration system.

    Exports to China of solid waste as raw materials from foreign suppliers, shall obtain the quality supervision, inspection and quarantine Department under the State Council issued a certificate of registration. Of States for imported solid wastes as raw materials domestic consignee registration system.

    Domestic consignees of imported solid wastes as raw materials prior to the signing of foreign trade contracts, shall obtain the quality supervision, inspection and quarantine Department under the State Council issued a certificate of registration. 17th environmental protection Administrative Department under the State Council on processing and utilization of imported scrap metal appliances, scrap wire and cable, electrical and environmental high risk solid waste enterprises, implementation of fixed-point Enterprise qualification management.

    Management measures shall be formulated by the Administrative Department of environmental protection.

    18th state encouraged to restrict the import of solid waste in the setting of import waste "district administration" processing and utilization within the Park. Import of waste "district administration" shall comply with the laws, regulations and national standards.

    Import of waste "district administration" Park of construction specifications and requirements by the competent administrative Department of environmental protection in conjunction with the business sector, the economic macro-control departments of the State Council, and the General Administration of customs, State administration of quality supervision, inspection and quarantine departments.

    19th import solid waste utilization in the export processing zone enterprises in the processing trade imports of solid wastes, must possess a solid waste import license.

    Imported solid wastes utilization outside the export processing zone enterprises in the processing trade imports of solid wastes, must hold valid business issued by the competent authorities of the processing trade business approval certificates, Customs issued effective Handbook (book) and solid waste import license.

    Processing trade imports of solid waste or domestic sale of processed products cannot export needs, processing trade enterprises are not required to apply for solid waste import license again; imports unprocessed raw solid waste only as the company for his own use.

    Chapter III solid waste import license administration 20th imported under the restricted import list of solid waste shall be subject to environmental protection Administrative Department under the State Council in conjunction with the competent foreign trade Department under the State Council to review the license.

    Imports included in the list of automatic licensing import of solid waste, shall handle the automatic licensing procedures.

    21st year solid waste import license is valid.

    Solid waste import license shall be used within the validity period, regardless of whether you use is completed late are automatically invalidated. Solid waste import license is not used within the validity period, enterprises shall, on the expiry of 30th extension request to a certification authority.

    Issuing authority after deducting the number of use, solid waste import license issued again and indicate in the remarks column "extension" and the original license number.

    Solid waste import license can only be extended once, for extension shall not exceed 60 days. 22nd solid waste import license shall practise "one card pass" management.

    General solid waste import license for "non-certificate" system, if we are to implement "a license", which should include import permits note column in solid waste print "a lot a license".

    "A card a shut" refers to solid waste imports related license only in a Customs Customs; "a a card" refers to solid waste imports related license in validity within once Customs using; "non-a a card" refers to solid waste imports related license in validity within can times customs using, by Customs by batch endorsement reduced imports number, last a imports Shi, allows spill loaded ceiling for solid waste imports related license actual balance of 3%, and regardless of whether still has balance, Customs will in endorsement Hou retained original archive.

    23rd solid waste import license stated items change, enterprises should follow the application procedures related to re-apply for the importation of solid waste permits.

    After issuing authority accepting the application, cancellation of the original certificate, notice and cancellation of certificate number.

    24th article import requirements for approval of solid waste management, in accordance with the relevant provisions of the State.

    The fourth chapter, inspection and quarantine and customs procedures

    25th article import solid waste carriers accepting carrier business, freight clients should be required to provide the following information:

    (A) solid waste import permit;

    (B) the registration of imported solid wastes as raw materials domestic consignee registration certificate;

    (C) suppliers of imported solid wastes as raw materials of foreign registration certificate;

    (D) imported solid wastes as raw materials inspection certificate before shipment.

    26th on the import of solid waste, specified by the State quality supervision and inspection and quarantine departments of pre-shipment inspection agencies to carry out preshipment inspection inspection, pre-shipment inspection certificate issued.

    Arrival of imported solid waste solid waste imports when the license specified ports and domestic consignee shall take the solid waste import permit, inspection and quarantine, preshipment inspection certificate and other necessary documents, to the port of entry-exit inspection and quarantine inspection. Immigration test quarantine institutions by test quarantine, on meet national environmental protection control standard or related technology specification, mandatory requirements of, issued entry goods clearance single, and notes "by preliminary test quarantine, not found not meet national environmental protection control standard requirements of material"; on not meet national environmental protection control standard or related technology specification, mandatory requirements of, issued test quarantine processing notice, and timely notification port customs and port location province, and autonomous regions, and

    Municipal Administrative Department of environmental protection.

    Port location of provinces, autonomous regions, municipalities directly under the Administrative Department of environmental protection after receiving notice failed to pass the inspection and quarantine of imported solid wastes, shall promptly notify the local provinces, autonomous regions and municipalities directly under the administrative departments and the environmental protection administration under the State Department of environmental protection. Refuses to accept the result, the applicant shall, in accordance with the relevant provisions of import and export commodities to reinspect work file an application for re-inspection.

    The State Council quality supervision and inspection and quarantine departments or the entry-exit inspection and quarantine institutions based on inspection of the actual situation, in conjunction with the Department of environmental protection administration to jointly implement retest.

    27th unless otherwise provided, to limit import license automatically or imported solid wastes as raw materials, shall take the solid waste import permit and entry-exit inspection and quarantine certificate of entry of goods customs form and other relevant documents to the customs import formalities.

    28th article import to the customs import their goods into solid waste management is not satisfied with the scope, may apply for administrative reconsideration or bring administrative proceedings.

    Customs and import goods were suspected to have imported the consignees of the goods declared for solid waste, you can require the consignee solid waste properties the port inspection and quarantine departments test and, if necessary, customs officers can send solid waste properties the port inspection and quarantine departments test and according to the test results.

    Port inspection and quarantine departments shall issue the inspection results, and indicate whether it is a solid waste.

    Customs or consignee to port disagrees with the conclusions of the local inspection and quarantine Department, environmental protection Administrative Department under the State Council in conjunction with the General Administration of customs, the State Council quality supervision and inspection and quarantine departments designated to identify bodies on imported goods, whether an article belongs to the category of solid waste and solid waste were identified.

    Guidelines for the solid waste and the relevant identification procedures and measures shall be formulated by the Administrative Department of environmental protection, in conjunction with the General Administration of customs, State administration of quality supervision, inspection and quarantine departments. During the inspection or identification, customs did not accept the release of enterprise security applications.

    On goods during the inspection or identification of associated costs and losses borne by the consignee of import goods themselves.

    Identification of imported solid wastes covered by this article, shall be based on the identification of reference materials on the basis of solid waste.

    29th article will outside of solid waste entry dumping, and stacked, and disposal of, imports belongs to ban imports of solid waste or without license unauthorized imports solid waste of, and test not qualified of imports solid waste, by port customs law ordered imports who or carrier in provides of term within will about solid waste undisturbed back shipped to original export country, imports who or carrier bear corresponding responsibility and costs, does not from its handle customs procedures of obligations, imports who or carrier shall not gave up about solid waste. Consignee imported solid wastes that cannot be confirmed, by the carrier to the Customs for returned application or can be ordered by the Customs carrier return.

    Bear the responsibility and cost of the carrier, does not relieve the obligation of carrying out customs formalities.

    30th on the parties refusing to return or not transported more than 3 months of solid waste, the port customs in conjunction with port of entry-exit inspection and quarantine institutions and port Administrative Department of environmental protection, where the importer or carrier to take compulsory measures to be shipped back. 31st article on does is cannot back shipped exit or customs decided not back shipped of solid waste, by imports who to port customs application (imports who unknown Shi by carrier or has joint responsibility of third people application), reference near principles, by Customs to auction or delegate way transfer province, and autonomous regions, and municipalities environmental protection administrative competent sector finds of has harmless of using or disposal capacity of units for utilization or harmless of disposal, related stranded in Hong Kong costs and disposal costs by imports who bear,

    Unknown importer of the carrier. Harmless to entrust utilization or disposal of the proceeds after deducting the cost of treatment should be by a harmless use or disposition of units by officers turned to the State coffers. Customs at all levels without approval may be auctioned State prohibiting the import of solid waste.

    Specific management measures by the Customs General Administration in conjunction with the environmental protection shall be formulated by the Administrative Department of the State Council.

    32nd article customs must return and subsequent processing of notification of entry-exit inspection and quarantine authorities and port location of provinces, autonomous regions, municipalities directly under the Administrative Department of environmental protection.

    Port location of provinces, autonomous regions and municipalities imported solid waste shall be notified by the Administrative Department of environmental protection enterprises are located of provinces, autonomous regions and municipalities directly under the administrative departments and the environmental protection administration under the State Department of environmental protection.

    Entry-exit inspection and quarantine institutions and relevant units of the Administrative Department of environmental protection should be based on specific circumstances.

    Supervision and administration of the fifth chapter

    33rd imported solid wastes must all import licenses shall record the use of solid waste as raw materials.

    34th imported solid waste use shall be on an environmentally sound way of imported solid wastes utilization.

    By officers of the Customs auction or authorize the transfer of processing of imported solid waste utilization or disposal of units must be borne by all imported solid waste comprehensive utilization or harmless treatment. 35th article import solid waste enterprises shall establish operations record book, the facts of each batch of imported solid waste sources, type, weight or quantity, destination, receiver, disassemble, use, storage time, names and contact details of the transport, processing and utilization of imported solid waste residues after species, weight or quantity, destination, and so on.

    Business record books and related documents, videos and other original documents shall be retained for at least 5 years. Imported solid waste use shall be routine periodic monitoring of pollutant emissions.

    Monitoring reports should be retained for at least 5 years. Imported solid waste use shall be in accordance with the provisions of environmental protection Administrative Department under the State Council, regularly to the local provinces, autonomous regions and municipalities directly under the Administrative Department of environmental protection report of imported solid waste management and environmental monitoring.

    The provinces, autonomous regions and municipalities directly under the totals reported by the Administrative Department of environmental protection environmental protection Administrative Department under the State Council. Solid waste importers, agents, carriers and other business units, the agent should record the import of solid waste sources, species, weight or quantity, destination, and so on, and accept the supervision and inspection of the relevant departments.

    Records and related documents, videos and other original documents shall be retained for at least 3 years.

    36th of provinces, autonomous regions and municipalities directly under the environmental protection administration departments shall organize the import of solid waste enterprises to carry out field inspections and supervisory monitoring, found to have one of the following circumstances, shall, within 5 working days to inform the State Council Administrative Department of environmental protection:

    (A) concealing relevant information or provides false materials for solid waste import license or transfer of solid waste import permit;

    (B) exceed the national or local emission standards or exceed the index of total quantity control pollutant;

    (C) residues on imported after processing and utilization of solid wastes is not harmless or dispose of the same;

    (D) not reported as imported solid waste management and environmental monitoring or reporting fraud.

    Environmental protection Administrative Department under the State Council and provinces, autonomous regions and municipalities directly under the relevant records should be archived by the Administrative Department of environmental protection, as a basis for approving importation of solid waste permits.

    Administrative Department of environmental protection at various levels, departments of commercial administration, integrated economic macro-control, customs, entry and exit inspection and Quarantine Bureau is entitled to in accordance with their respective responsibilities to supervise and inspect the units associated with imported solid waste. The unit to be checked should faithfully reflect the situation, provide the necessary material.

    The inspection authorities shall keep confidential the technological know-how and business secrets of the units inspected.

    Prosecutors conduct on-site inspections, field monitoring, collecting samples, inspect or copy the relevant information and so on.

    Inspectors to conduct on-site inspection shall produce their certificates.

    Sixth chapter, places of special customs supervision and special provisions 37th solid waste from when special customs supervision and areas outside, the authorities concerned shall apply for import of solid waste permit and apply for inspection and quarantine.

    Solid wastes imported from places of special customs supervision and to territory outside the region or special customs supervision and transported between the sites, without having to deal with solid waste import permit.

    The 38th special customs supervision areas and in places not to re-export the goods for storage of imported solid wastes. 39th special customs supervision areas and place unit is not transported out of inferior products, waste and scrap, the affected goods, such as importation is restricted or automatic licensing the import of solid waste, which transported between the territory and special customs supervision and areas, or between special customs supervision and site access, from solid waste import license submitted.

    Entry-exit inspection and quarantine authorities not to carry out the inspection.

    40th article customs special regulatory regional and places within units produced of not complex shipped exit of defective, and waste, and scrap, and affected goods,, as belongs to ban imports of solid waste, needed out district for using or disposal of, should by produced units or collection units to customs special regulatory regional and places administration sector and location set district of city level environmental protection administrative competent sector proposed application, and submitted following application material:

    (A) application for transfer of solid waste;

    (B) units to apply for and receive the signed contract;

    (C) the receiving unit by the qualified business license;

    (D) the proposed transfer of solid waste generated in the region processes and technology, component analysis, physical and chemical nature of the report form;

    (E) descriptions of the receiving unit or disposal of waste, including waste utilization or disposal facility's location, type, capacity and utilization or disposal in the waste gas, waste water, waste treatment and other information;

    (Vi) proved the receiving unit in solid waste in an environmentally sound manner for using or disposing of the material; all wastes are hazardous wastes, shall provide the receiving unit's copy of the hazardous waste operating license, and affix the receiving unit.

    41st places of special customs supervision and Administration Department and the seat of the municipal environmental protection Administrative Department accepting district applications, make an order approving or disapproving the decision, approval documents valid for 1 year. Entry-exit inspection and quarantine authorities on places of special customs supervision and Administration Department and the seat of the municipal environmental protection Administrative Department approval documents for customs clearance, and the solid waste from the inspection.

    Customs in places of special customs supervision and Administration Department and the seat of the municipal environmental protection document approved by administrative authorities according to the provisions of the relevant procedures.

    42nd special customs supervision unit and place a team of solid waste districts across the province, storage, disposal, in accordance with the People's Republic of China Law on prevention and control of environmental pollution by solid waste the 23rd article to the relevant provinces, autonomous regions and municipalities directly under the Administrative Department of environmental protection to apply.

    Special customs supervision unit and place a team of solid waste is hazardous waste or waste electrical and electronic products, when required by law to perform hazardous waste management or management of waste electrical and electronic products of the system.

    The seventh chapter penalty

    43rd article violation this approach provides, will People's Republic of China outside of solid waste entry dumping, and stacked, and disposal, imports belongs to ban imports of solid waste or without license unauthorized imports limit imports of solid waste, or to raw materials using for name imports cannot as raw materials of solid waste of, by Customs according to People's Republic of China solid waste pollution environment control method 78th article of provides held legal responsibility, and can by sent card organ revoked its solid waste imports related license.

    Violation of these rules, for the import of solid waste on behalf of the People's Republic of China transit movements of hazardous waste, by the customs in accordance with the People's Republic of China Law on prevention and control of environmental pollution by solid waste shall be investigated for legal responsibility of the 79th, and can be used by the issuing authority to revoke its importation of solid waste permits.

    Violation of these rules, the smuggling of imported solid wastes by the customs in accordance with provisions of relevant laws and administrative regulations for punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    44th on the illegal entry of solid waste, in accordance with the People's Republic of China Law on prevention and control of environmental pollution by solid wastes the 80th of the rules for processing.

    45th article violates these rules, the transfer of solid waste import license, by the issuing authority to revoke its importation of solid waste-related license constitutes a crime, criminal responsibility shall be investigated according to law.

    46th to fraud, bribery or other improper means to achieve solid waste import license, pursuant to the People's Republic of China administrative licensing provisions of the Act, by the issuing authority to revoke its importation of solid waste-related license constitutes a crime, criminal responsibility shall be investigated according to law. 47th article violation this approach provides, on imports solid waste processing using Hou of residual real not for harmless of using or disposal of, by location County above environmental protection administrative competent sector according to People's Republic of China solid waste pollution environment control method 68th article subsection (ii) items of provides ordered stop violations, deadline corrected, and at 10,000 yuan above 100,000 yuan following of fine; late refused to corrected of, can by sent card organ revoked its solid waste imports related license.

    Cause of environmental pollution accidents, according to the law on prevention and control of environmental pollution by solid waste provisions of the 82nd.

    48th article violates these rules, did not perform operations record book system, failed to carry out regular environmental monitoring or was not reported by the import of solid waste management and environmental monitoring, the local environmental protection administration departments at or above the county level a rectification, may be fined a maximum of 30,000 yuan; late refuses, by the issuing authority to revoke its importation of solid waste permits.

    The 49th in violation of relevant provisions of the quarantine of imported solid wastes, in accordance with the People's Republic of China import and export commodity inspection law and the People's Republic of China import and export commodity inspection law and other provisions of the regulations for the implementation of penalties.

    Violation of customs regulations of imported solid wastes, in accordance with the People's Republic of China Customs law and the People's Republic of China regulations for the implementation of customs administrative penalty provisions for punishment.

    Unauthorized import ban, did not meet state environmental protection control standards or technical specifications mandatory requirements for solid waste, Customs shall order return, failure to perform the obligation of return over 3 months by the customs in accordance with the People's Republic of China Customs administrative penalty provisions of the regulations for the implementation of the penalty.

    50th imported solid waste supervision and management corruption, dereliction of duty, favoritism or abuse shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The eighth chapter supplementary articles

    51st District established herein by the municipal environmental protection administration authorities exercise supervisory duties, municipalities directly under the county-level administrative areas of administrative regions as well as provinces, autonomous regions, provinces, autonomous regions and municipalities directly under the Administrative Department of environmental protection.

    52nd solid waste delivered to customs territory shall be deemed to import happens.

    53rd imported solid wastes utilization refers to the actual enterprise engaged in imported solid waste disassembly, processing and utilization activities of enterprises.

    54th from Hong Kong, Macau S.A.R. China and Taiwan area import of solid waste management in accordance with these rules.

    55th article of the rules take effect on August 1, 2011. Environmental protection Administrative Department under the State Council and the State Council departments of commercial administration, integrated economic macro-control departments, the General Administration of customs, the State Council quality supervision and inspection and quarantine departments in publishing before the implementation of these measures in accordance with their respective responsibilities relating to the import of solid waste management regulations, notification is inconsistent with this approach, is subject to this approach.