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Chinese imports of solid waste management practices
Imports of solid waste management practices Decree No. 12
Under the "Solid Waste Pollution Prevention Law" and relevant laws, administrative regulations, "the import of solid waste management practices." It is hereby announced that since August 1, 2011 shall come into force.
Environmental Protection Minister Zhou
Minister of Commerce Chen Deming
Development and Reform Commission Zhang Ping
Customs Director Sheng Guangzu
AQSIQ Zhi Shuping Secretary
2011.04.08
Imports of solid waste management practices
Directory
Chapter I General Provisions
General Provisions Chapter II
Chapter III Management of solid waste import licensing
Chapter IV Inspection and Quarantine and customs procedures
Chapter Supervision and Administration
Chapter VI of the customs supervision and places special provisions
Chapter VII Penalties
Chapter VIII Supplementary Provisions
Chapter I General Provisions
The first order to regulate the import of solid waste environmental management to prevent the import of solid waste pollution, according to "Solid Waste Pollution Prevention Law" and relevant laws, administrative regulations, development of this approach.
Article The term solid waste refers to the production, life and other activities generated by the loss of existing use value or loss of use value, but has not yet been discarded or abandoned solid, semi-solid, liquid and placed in containers gaseous materials, substances, and laws and administrative regulations of the items included in solid waste management, material.
The term solid waste imports, is outside the People's Republic of solid waste into the activities of the PRC.
Article The method applies to any imports of solid wastes.
Through the gift, the export entry returned, provide samples and other ways of solid waste brought into the PRC, the entry of repairs resulting solid waste is not re-exported and the repair or outbound processing of the material transported into the country re-generated solid waste, except as otherwise provided, also apply this approach.
Article IV prohibits the import of solid waste transfer-related permits.
The term related to the import of solid waste transfer permit, means:
(A) the sale or lease, lend, import of solid waste-related permits;
(B) the use of purchased or leased, borrowed from the relevant import permit the import of solid waste solid waste;
(Iii) the import of solid waste transfer all or part of the import of solid waste contained in the relevant license to use outside the enterprise units or individuals.
Article prohibits entry of solid waste outside the People's Republic of dumping, dumping, disposal.
Prohibiting re-export of solid waste.
Related to solid waste without obtaining the import license shall not be imported into the customs supervision of solid waste sites, including bonded zones, export processing zones, bonded logistics park, bonded port area and other areas under special customs supervision and bonded logistics center (A / B type), bonded Customs bonded warehouses, and other regulatory sites (hereinafter referred to as "special customs supervision areas and places").
Unless otherwise specified, the import of solid waste not to apply for transit procedures (except paper).
Environmental protection administration under the State Council department in charge of the national environmental management of solid waste imported unified supervision and management. State Council department in charge of commerce, economic comprehensive macro-control departments of the State Council, Customs and the State Quality Supervision, Inspection and Quarantine departments in their respective areas of responsibility related to the management of imported solid waste.
Above the county level environmental protection administrative department of the administrative regions of solid waste imported environmental management supervision and administration. Commercial departments at all levels, comprehensive economic macro-control departments, customs, inspection and quarantine departments in their respective areas of responsibility related to the implementation of solid waste imported supervision and management.
State environmental protection administration departments of the State Council department in charge of commerce, economic comprehensive macro-control departments of the State Council, General Administration of Customs, the State Quality Supervision, Inspection and Quarantine of imported solid waste management sector coordination mechanism, the implementation of the import of solid waste management information sharing, coordination and handling of solid waste Import and operations supervision and management of important affairs.
Article 7 All units and individuals have the right to environmental protection administration departments at all levels, business department, comprehensive economic macro-control departments, customs and immigration inspection and quarantine departments, and reports violations of the import of solid waste regulatory program and import the behavior of solid waste pollution .
General Provisions Chapter II
Article VIII banned the import of hazardous waste. Prohibited by the People's Republic of cross-border movement of hazardous wastes.
Heat recovery for the purpose of prohibiting the import of solid waste.
Banned the import of raw materials can not be used or can not be harmless use of solid waste.
Banned the import of domestic generation or stockpiling large and have not yet been fully utilized solid waste.
There is no import ban applies to national environmental protection control standards or technical specifications and other relevant mandatory requirements of solid waste.
Prohibited to order delivery (TO ORDER) means solid waste carrier entry.
Article IX of the territory can make up for the shortage of resources, and in accordance with national economic and technological conditions in harmless ways to use solid waste as raw materials, processing and utilization of the process according to their pollution intensity, the implementation of import restrictions, import licensing and automatic classification management.
Article X of the State Council State Council department in charge of environmental protection administration departments of Commerce, the State department of economic comprehensive macro-control, the Customs Department, the State Quality Supervision, Inspection and Quarantine departments to develop, adjust and publish the ban on the import, import restrictions, and automatic licensing the import of solid waste directory.
Included in Article XI prohibits import ban on the import directory of solid waste.
Automatic import license or import restrictions included in the import directory of solid waste, solid waste must obtain the relevant import permit.
Article XII of the import of solid waste should be taken to prevent the scattering, against loss, seepage or other measures to prevent pollution of the environment.
Article XIII of imported solid waste shipment, customs declaration shall comply with the provisions of the relevant provisions shall be formulated separately by the General Administration of Customs.
Article XIV must comply with the import of solid waste imported solid wastes as raw materials related to environmental protection control standards or technical specifications such as mandatory requirements. Inspection and quarantine, do not meet the import of solid waste as raw materials or environmental control standards and other technical specifications related to the mandatory requirements of the solid waste may not be imported.
Article XV and approval of applications for import of solid waste, in accordance with the principle of risk minimization, the "nearest port" declaration.
Article 16 The State of imported solid wastes as raw materials for foreign suppliers to implement the registration system. Chinese exports to the solid waste as raw materials for foreign supplier shall obtain quality supervision inspection and quarantine department of the State Council issued registration certificate.
Countries on the import of solid wastes as raw materials to implement the registration system for domestic consignees. Imports of solid wastes as raw materials in domestic consignee signed a foreign trade contract, shall obtain quality supervision inspection and quarantine department of the State Council issued registration certificate.
Article XVII of the State Council administrative department of environmental protection, processing and utilization of imported scrap metal appliances, scrap wire and cable, waste motor and other environmental risks of large solid waste companies, the implementation of fixed-point business management accreditation. Management by the State Council administrative department of environmental protection.
Article 18 The State encourages the import restrictions set by the import of solid waste in waste "Circle area management" process to use the park.
Import of waste, "Circle area management" should be in line with laws, regulations and national standards. Import of waste, "Circle area management" the park's construction specifications and requirements of the administrative department of environmental protection by the State Council State Council department in charge of commerce, economic comprehensive macro-control departments of the State Council, General Administration of Customs, the State department of Quality Supervision, Inspection and Quarantine.
Article 19 The export processing zone imports of solid waste processing trade enterprises to the use of imported solid waste, solid waste must hold the relevant import permit.
Outside the export processing zone imports of solid waste processing trade enterprises to the use of imported solid waste, and must hold a valid commercial department of the "Processing Trade Business Approval Certificate", issued and effective customs processing trade manuals (books) and related to solid waste import license.
Processing trade imports of solid waste or for some reason can not export finished products to be domestic, the processing trade enterprises are not required to apply again to the import of solid waste-related permits; unprocessed raw solid waste imported for personal use only reserved for the enterprise.
Chapter III Management of solid waste import licensing
Diershitiao imports included in the directory to restrict imports of solid waste, should be approved by the State Council administrative department of environmental protection, foreign trade department under the State Council examined and approved. Automatic licensing of imports included in the import directory of solid waste, automatic licensing procedures shall apply.
Article related to permit the import of solid waste a year effectively.
Related to solid waste import license should be within the validity period, whether past due are automatically invalidated after use.
Related to solid waste import permit for some reason is not used within the validity period, the use of business should be the issuing authority at the expiry of the 30 proposed extension. Issuing authority after deducting the amount has been used to re-import of solid waste related issuance of permits, and in the remarks column marked "extended use" and the original certificate 证号.
Solid waste-related permit can be renewed only once imported, extension no longer than 60 days.
Article 22 The import of solid waste-related permit the implementation of "one license one customs" management. Under normal circumstances related to solid waste permit for the import of "non-batch, one license" system, such as to implement the "one license" shall be the import of solid waste while in the remarks column print-related license, "one license" message.
"One license one customs" means solid waste import license can only be related to a customs declaration; "one license" means a solid waste import permits in the period related to a customs declaration; "non-group of a certificate" means a solid waste import licenses in the period related to the declaration can be used many times, the customs import and subtract the number of batches endorsement, the last batch imported, allowing the overflow of solid waste loading limit for the actual balance of import-related permits 3%, and whether or not there balance, the Department will be retained after the original filing in the endorsement.
Article 23 The import of solid waste related matters stated on the permit changes, the use of enterprise application procedure shall re-apply for the import of solid waste-related permits.
Issuing authority after receiving the application, cancellation of the original permit, and notice cancel the certificate number.
Article 24 The import of solid waste management cost of the approval, in accordance with relevant state regulations.
Chapter IV Inspection and Quarantine and customs procedures
Article 25 The import of solid waste in the receiving carrier's carrier business, freight should be required to provide clients the following documents:
(A) the import of solid waste-related permits;
(B) the import of domestic solid waste as raw materials consignee registration certificate;
(C) the import of solid wastes as raw materials supplier of foreign registration certificate;
(D) of solid waste as raw materials imported pre-shipment inspection certificate.
Article 26 The import of solid waste by the State Quality Supervision, Inspection and Quarantine departments designated pre-shipment inspection agencies to implement pre-shipment inspection; inspection, and issue pre-shipment inspection certificate.
Imports of solid waste delivered to solid waste out of the port of import-related permits, domestic solid waste, the consignee shall hold the relevant permits the import inspection and quarantine report together, pre-shipment inspection certificates and other necessary documents, to the port entry-exit inspection and quarantine institution.
Inspection and quarantine inspection and quarantine authorities, national environmental protection control standards that meet the technical specifications or other relevant mandatory requirements, issued by the "Immigration Customs Clearance of goods," and notes "Initial Inspection and Quarantine, State Environmental Protection did not find the control does not meet the standard material "; do not meet the national environmental protection control standards or technical specifications and other relevant mandatory requirements, and issued a notice of inspection and quarantine process, and promptly notify the port customs and port of the province, autonomous regions and municipalities the administrative department of environmental protection.
Port of the province, autonomous region and municipality environmental protection administration departments received unqualified imported solid waste notice of inspection and quarantine, shall promptly notify the use of business of the province, autonomous regions and municipalities and the State Council administrative department of environmental protection administrative department of environmental protection.
Satisfied with the results for the test, the applicant shall re-inspection on import and export commodities according to the relevant provisions apply for retesting. State Quality Supervision, Inspection and Quarantine inspection and quarantine department or agency can verify the actual situation, in conjunction with the implementation of environmental protection administration departments re-inspection.
Article 27 Unless otherwise specified, the import restrictions, import licensing class or classes can be used as raw materials automatic solid waste, solid waste should hold the import-related permits and entry-exit inspection and quarantine agency issued the "Immigration Customs Clearance of goods", etc. relevant documents to the customs procedures for import clearance.
Article 28 of the Customs to the importer of the goods they import into the scope of solid waste management is dissatisfied, may apply for administrative reconsideration or bring an administrative lawsuit to the people's court.
Customs declaration of the consignee of imported goods suspected of imported goods for the solid waste, may require the consignee to send port inspection and quarantine department of solid waste property inspection, if necessary, can be directly sent to the Customs port inspection and quarantine department of solid waste property inspection, and in accordance with the test results processing.
Port inspection and quarantine department shall issue the test results, and indicate whether the solid waste.
Or consignee of the port where customs inspection and quarantine department disagrees with the conclusions of the examination, the State Council administrative department in conjunction with the Environmental Protection Administration of Customs, the State Quality Supervision, Inspection and Quarantine departments appoint a special agency to identify the imported goods, whether an article is solid waste and solid waste categories identified.
"Guidelines for Identifying Solid Wastes" and the identification procedures and environmental protection by the State Council administrative department in conjunction with the General Administration of Customs, the State department of Quality Supervision, Inspection and Quarantine.
During the inspection or identification, the Department does not accept corporate security clearance application. Identification of the goods produced during the inspection or the related costs and losses from the consignee of imported goods themselves.
This involved the identification of imported solid waste, should be "Guidelines for Identifying Solid Wastes" as the basis.
Article 29 The entry will be outside the solid waste dumping, dumping, disposal, import prohibited imports of unauthorized imports of solid waste or solid waste, and the unqualified imported solid waste, shall be ordered by the port customs import person or carrier within the period specified in the solid waste will be returned to the original undisturbed exporter, importer or carrier bear the responsibility and costs, does not relieve the obligations of customs formalities, importer or carrier may not abandon the solid waste.
Consignee can not confirm the entry of solid waste, the carrier returned to the Customs application or can be returned by the Customs shall order the carrier. Bear the responsibility and cost of the carrier, does not relieve the obligations of customs formalities.
Article 30 of the parties refuses to send back or send back more than three months without leaving the solid waste, together with the Customs port of entry and exit ports and port inspection and quarantine institutions where environmental protection administrative department of the importer or the carrier to take enforcement measures to back transport.
Article 31 indeed can not be returned or exit the Customs decided not to send back the solid waste to the port by Customs for importers (importer is unknown or jointly and severally liable by the carrier's third application), reference principle of proximity by Customs to auction or delegated transfer provinces, autonomous regions and municipalities environmental protection administrative departments in charge of a harmless use or disposal capacity utilization of the units or safe disposal, and disposal costs related to stranded costs by the importer commitment importer unknown carrier.
Entrusted to the safe disposal or utilization of net revenue generated after processing costs should be used by a harmless or disposal capacity of the unit by officers of the state treasury. Without the approval of the Customs at all levels, not the auction state banned the import of solid waste. Specific management practices by the State Environmental Protection Administration of Customs in conjunction with the administrative department will be forthcoming.
Article 32 Customs shall send back the other post-processing briefing and port inspection and quarantine authorities of the province, autonomous regions and municipalities the administrative department of environmental protection.
Port of the province, autonomous region or municipality shall notify the environmental protection administrative department where the enterprise use of solid waste imported provinces, autonomous regions and municipalities and the State Council administrative department of environmental protection administrative department of environmental protection.
Inspection and quarantine authorities and environmental protection administrative department under the specific circumstances of the unit to make a deal.
Chapter Supervision and Administration
Article 33 The import of solid waste must import all the relevant permits from the solid waste business as stated in the use of raw materials used.
Article 34 The import of solid wastes should be based on the use of environmentally sound business approach to the import of solid waste processing and utilization.
Customs to auction by the way the transfer or entrust the import of solid waste processing or disposal units to use, must bear the full import of solid waste for safe disposal or utilization.
Article 35 The import of solid waste operations of the use of corporate record book should be established, factual account of each batch of imported solid waste, source, type, weight or quantity, destination, receiving, dismantling, use, storage time, the transporter's name and contact, processing and utilization of imported solid waste residue after species, weight or quantity, destination and so on. Business Record Book and related documents, image data and other original documents should be kept for at least 5 years.
The use of imported solid waste companies should regularly monitor the daily emissions of pollutants. Monitoring reports should be kept for at least 5 years.
The use of imported solid waste enterprise shall, according to the State Council administrative department of environmental protection requirements on a regular basis to the provinces, autonomous regions, municipalities, environmental protection administrative department of import of solid waste management and environmental monitoring of the situation. Provinces, autonomous regions and municipalities after the environmental protection administrative department summary report of the State Council administrative department of environmental protection.
Solid waste importers, agents, carriers and other business units, the agency should record the import of solid waste source, type, weight or quantity, destination, etc., and accept supervision and inspection departments. Record information and related documents, image data and other original documents should be kept for at least 3 years.
Article 36 provinces, autonomous regions, municipalities, environmental protection administrative department shall organize the import of solid waste on-site inspections and use of corporate supervisory monitoring, found that one of the following circumstances, shall, within five working days to report to the State Environmental Protection administrative departments:
(A) to conceal relevant information or providing false materials related to permit applications for solid waste import or transfer of solid waste import-related permits;
(B) more than the national or local emission standards prescribed or over total control emissions of pollutants;
(C) processing and utilization of imported solid waste residue after use or not to sound disposal;
(4) Failing to report the import of solid waste management and environmental monitoring of the situation, or report fraud.
State environmental protection administration departments and the provinces, autonomous regions, municipalities, environmental protection administrative department of the situation should be documented, as the import of solid waste-related permit approval basis.
Environmental protection administration departments at all levels, business department, comprehensive economic macro-control departments, customs, inspection and quarantine departments have the right according to their respective duties on imports of solid waste and to supervise and inspect the unit.
The units being inspected shall truthfully report the situation and provide the necessary materials. Inspection agency shall be inspected units conservative technical and business secrets.
Prosecutors on-site inspection can be taken on-site monitoring, collecting samples, inspection or copying information and other measures.
Inspectors on-site inspection shall produce documents.
Chapter VI of the customs supervision and places special provisions
Article 37 of solid waste from abroad into the customs supervision and places, the relevant units shall apply for the import of solid waste-related permits and applications for inspection and quarantine. Solid waste from customs supervision within the region and places outside the region or imported into the customs supervision and in between and out of place without the relevant permits for the import of solid waste.
Article 38 The customs supervision within the unit area and places may not be re-imported goods in the name of storage of solid waste.
Article 39 The customs supervision within the unit and places have not re-export of defective goods, scrap, scrap, and other affected goods, such as automatic licensing is to restrict imports or imports of solid waste in the territory and the customs supervision between regional and out of place, or customs supervision and places between the out, from solid waste to submit the relevant import permit. Not to implement entry-exit inspection and quarantine institutions.
Article 40 The customs supervision within the unit and places have not re-export of defective goods, scrap, scrap, and other affected goods, such as belonging to banned the import of solid waste, require the district to use or disposal shall be generated by the unit to unit or collection of customs supervision and site administration and the municipal districts where environmental protection administrative department for approval, and submit the following application materials:
(A) the application for the transfer of solid waste out of the district;
(B) the applicant and the receiving unit contract;
(C) to receive units through annual inspection of the business license;
(D) the proposed transfer of the area of solid waste generation processes and technology, composition analysis, physical and chemical nature of the registration form;
(E) the use or disposal of the waste receiving unit description of the way, including the recycling or disposal facilities, location, type, processing and use or disposal of waste generated in the process, waste water, waste treatment and other presentation materials;
(F) that the receiving unit to the region's solid waste in an environmentally sound manner use or disposal of materials; the area of waste is hazardous waste, to be held by the receiving unit to provide a "hazardous waste management license" copies, and Chapter stamped receiver unit.
第 四十一条 customs supervision and site administration and the municipal districts where environmental protection administrative department accepting the application area, to grant or not grant the district's decision to approve documents valid for 1 year.
Entry-exit inspection and quarantine institutions with custom special supervised areas and places where the administrative authorities and the municipal districts approved by the administrative department of environmental documents for customs formalities, and solid waste from the implementation of inspection. Customs shall place special customs surveillance zone and the administrative departments and the municipal districts where environmental protection administrative department for approval document required to complete the formalities.
Article 42 The customs supervision areas and places of solid waste generated within the unit, the area inter-provincial transfer, storage, disposal, in accordance with "the People's Republic of Solid Waste Pollution Prevention Law" to the provisions of Article 23 of the province , autonomous regions and municipalities, environmental protection administrative department to apply.
Customs special supervision unit and premises are of solid waste generated by hazardous waste or waste electrical and electronic products, the district when required by law to perform hazardous waste management or the management of waste electrical and electronic products of the system.
Chapter VII Penalty Provisions
Article 43 violation of the provisions of the People's Republic of entry outside the solid waste dumping, dumping, disposal, import prohibited imports of solid waste or import restrictions on imports of unauthorized solid waste, or to use the name of raw materials not be used as raw materials imported solid waste, the customs based on "People's Republic of Solid Waste Pollution Prevention Law" Article 78 shall be investigated for legal responsibility, and can be revoked by the issuing authority related to its solid waste import license.
Violation of the provisions, the name of imported solid waste boundary movement of hazardous wastes by the People's Republic, the customs based on "People's Republic of Solid Waste Pollution Prevention Law" Article 79 shall be investigated for legal responsibility, and by the issuing authority revocation of its solid waste import-related permits.
Violation of the provisions, smuggled into the solid waste by the Customs in accordance with relevant laws and administrative regulations shall be punished; constitutes a crime, be held criminally responsible.
Article 44 of solid waste has been illegal immigrants, according to "People's Republic of Solid Waste Pollution Prevention Law" Article 80 of the regulations.
Article 45 in violation of the provisions related to the transfer of solid waste import license, the issuing authority shall rescind the import of solid waste-related permits; constitutes a crime, be held criminally responsible.
Article 46 to cheating, bribery or other improper means to obtain the relevant permits the import of solid waste, according to "Republic of Китай Administrative Licensing Law," as prescribed by the issuing authority shall rescind the import of solid waste-related permits; constitute a crime, held criminally responsible.
Article 47 violation of the provisions of the import of solid waste processing and utilization of the residue after the sound is not for use or disposal, the local environmental protection administration departments above the county level under the "Solid Waste Pollution Prevention Law "Article 68 (b) of this article shall be ordered to stop illegal activities, within a time limit, and impose a 10,000 yuan to 100,000 yuan shall be imposed; late refuses to correct, by the issuing authority may revoke the import of solid waste related license. Environmental pollution caused by accidents, according to "Solid Waste Pollution Prevention Law" Article 82 of the regulations.
Article 48 violation of the provisions, operation log book system is not running, did not perform routine environmental monitoring, or failure to report the import of solid waste operations and environmental monitoring of the environment, the local environmental protection administration departments above the county level shall order correction, may impose a fine of 30,000 yuan; overdue refuses to correct, by the issuing authority can revoke the import of solid waste-related permits.
Article 49 violation of the relevant provisions of the inspection and quarantine of imported solid waste, according to "Republic of Китай Import and Export Commodity Inspection Law", "Republic of Китай Import and Export Commodity Inspection Law Ordinance," and shall be punished.
Violation of the relevant provisions of the customs import of solid waste, in accordance with "Customs Law" and "Китай Customs Regulations on Administrative Punishment" and shall be punished.
Unauthorized import ban on the import, do not meet the national environmental protection control standards or technical specifications related to the mandatory requirements of solid waste, ordered returned by the customs, more than three months returned lazy to fulfill the obligation by the Customs in accordance with the "PRC Customs Administration Punishment Ordinance "shall be punished.
Article 50 The supervision and management of imported solid waste of corruption, bribery, dereliction of duty, favoritism or abuse of power, shall be given administrative sanctions; constitutes a crime, be held criminally responsible.
Chapter VIII Supplementary Provisions
Article 51 Measures in the districts by the municipal environmental protection administrative department to exercise supervisory duties in the administrative regions and municipalities, provinces, autonomous regions directly under the county-level administrative regions, provinces, autonomous regions, municipalities, environmental protection administrative department exercise.
Article 52 of the solid waste delivered to the customs territory of which act as imports.
Article 53 The import of solid waste is the actual use of enterprise engaged in the import of solid waste dismantling, processing and utilization activities of the enterprise.
Article 54 from Hong Kong, Китай, Macao SAR and Китай Taiwan's imports of solid waste management in accordance with these Regulations.
Article 55 These Measures shall be August 1, 2011 shall come into force.
State environmental protection administration departments of the State Council department in charge of commerce, economic comprehensive macro-control departments of the State Council, General Administration of Customs, the State Quality Supervision, Inspection and Quarantine departments in the implementation of these measures before the release of the import duties in accordance with their solid waste management regulations, notifications and the way inconsistent with these Measures shall prevail.
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