(Promulgated by State Administration for Environmental Protection, Ministry of Foreign Trade and Economic Cooperation, Customs General Administration, State Administration for Industry and Commerce and State Administration of Import and Export Commodity Inspection on July 26, 1996)
In order to further strengthen environmental protection control over import wastes and prevent foreign garbage from entering into our country, provisions are supplemented to " Provisional Regulations on Environmental Protection Control over Import wastes" (hereinafter referred to as Provisional Regulations).
1. The import of wastes refers to all wastes (including scrap) that enter into the territory of the People's Republic of China by any trade means and by means of free supply and contribution.
2. The State Administration of Import and Export Commodity Inspection (hereinafter referred to as the State Administration of Commodity Inspection) shall be in charge of the inspection work of import wastes throughout the country. Wastes permitted to import by the state must be subject to pre-shipment inspection. The specific provisions shall be formulated by the State Administration of Commodity Inspection for implementation.
3. The import wastes must meet with requirements of compulsory standards. In contracts of import wastes signed by import units with foreign trade parties must specify clauses of quality and pre-shipment inspection, indicate that to smuggle livelihood garbage, dangerous wastes and other wastes under the control of ' Basel Convention for Control over Dangerous Wastes to Transfer by Going Beyond the Border and Handling 'are prohibited and agree on that import wastes must undergo pre-shipment inspection by the commodity inspection authorities or inspection agencies designated and accredited by the State Administration of Commodity Inspection. Those found up to standard are allowed to ship.
4. The foreign trade transportation departments, when accepting for shipment of import wastes, shall require the applicant to submit ' Certificate of Approval for Import Waster's checked and issued by the State Administration for Environmental Protection as well as pre-shipment inspection certificate for import wastes issued by the commodity inspection authorities or inspection agencies designated or accredited by the State Administration of Commodity Inspection. It is forbidden to ship wastes for import by means of 'to order'.
5. The import units of wastes shall notice the inspection authorities at the port for examination 10 days prior to the arrival of the import wastes.
6. Upon arrival of the import wastes at the port, the consignee should declare to the Customs by presenting the first sheet of 'Certificate of Approval for Import Wastes', the Customs declaration form and other relevant documents (with the exception of the inspection certificates). The receivers shall apply to the inspection authorities at the port for inspection by submitting 'Certificate of Approval for Import Wastes', preshipment inspection certificate and other necessary documents. The inspection authorities at the port shall undertake inspection on import wastes. For those judged up to standard through inspection, 'notice for the results of inspection' shall be issued and the Customs shall release upon presentation of it. In case of problems, the inspection authorities should timely notify the Customs and local competent departments for environmental protection to handle against law.
7. Import wastes without obtaining 'Certificate of Approval for Import Wastes' shall be forbidden to store in bonded warehouses.
8. No enterprises is allowed to engage in entrepot trade of wastes.
9. Enterprises that import wastes as processing trade should apply to the Customs for registration and putting on records of the processing trade contract by presenting 'Certificate of Approval for Import Wastes' issued the State Administration for Environmental Protection.
10. 'Certificate of Approval for Import Wastes' as appendix III to the " Provisional Regulations" shall be amended. Column of 'port of import' shall be added on the obverse side and 'port of arrival' be changed to 'current quantity of import' and 'quantity' to 'remaining quantity to import'. The tried sheet be for the file of the carries.
11. For those who transfer and resell 'Certificate of Approval for Import Wastes', the State Administration for Environmental Protection shall withdraw their certificates and suspend or cancel their qualification to import, process and make use of wastes.
12. These provisions shall be put into force on August 1, 1996.