Laws of the People's Republic of China

Circular of the General Office of State Environmental Protection Administration on Approval of Designated Processing and Utilization Entities of Imported Waste Hardware and Electrical Appliances, Waste Electrical Wire and Cable, and Waste Electromotors of 2007

Huan Ban [2006] No. 119

The Environmental Protection Bureaus (Departments) of all provinces, autonomous regions and municipalities directly under the Central Government:

For the purpose of further standardizing the administration of processing and utilization entities of imported waste hardware and electrical appliances, waste electrical wire and cable, and waste electromotors (hereinafter referred to as " waste hardware and electrical appliances type waste"), the State Environmental Protection Administration has decided, in the process of the approval of designated processing and utilization entities of imported waste hardware and electrical appliances type waste (hereinafter referred as " designated entities"), to continue to carry out control of the aggregates and carry forward zone-enclosure administration and to make optimal adjustment to designated entities. Related matters are hereby noticed as follows:

1.

The assessment procedure of designated entities shall be further standardized. The Environmental Protection Bureaus (Departments) of all provinces, autonomous regions and municipalities directly under the Central Government shall organize assessment on existing designated entities and enterprises that are under application for status as newly-added designated entities within their jurisdiction strictly in accordance with the requirements prescribed in Examination and Assessment Criteria of Environmental Protection Acceptance of Designated Processing and Utilization Enterprises of Imported Waste Hardware and Electrical Appliances, Waste Electrical Wire and Cable and Waste Electromotors (Huan Han [2004] No. 344) (hereinafter referred to as Assessment Criteria). The assessment results shall be notified to the public in line with procedures by means of news media such as local newspapers and websites with a notification period of not less than 10 days. The Environmental Protection Bureaus (Departments) of all provinces, autonomous regions and municipalities directly under the Central Government shall gather together and submit the name lists and relevant materials of entities who get an assessment mark of 80 or above and have been through notification period to State Environmental Protection Administration for examination and approval before November 20, 2006. Those who fail to meet the deadline shall not be accepted.

2.

Structural adjustment of existing designated entities shall be carried forward in an orderly way. In the process of the assessment of designated entities, the Environmental Protection Bureaus (Departments) of all provinces, autonomous regions and municipalities directly under the Central Government shall carry out serious examinations on existing designated entities. Decisive measures shall be taken to discard and eliminate enterprises that fall short of Assessment Criteria, those of disorderly management and outdated processing equipment and technologies, incompetent in prevention and control of pollution, with related waste operation records inconsistent with de facto import, as well as those with records of violations of the law and regulations in particular. Those who did not actually import and utilize waste in 2006 shall without exception be given an assessment as enterprises under application for status as newly-added designated entities.

3.

Control of the aggregates shall be carried out and zone-enclosure administration shall be promoted. In 2007, principles of control of the aggregates and survival of the fittest shall be applied to the approval of designated entities. Quantity of designated entities within zones that are under "zone-enclosure administration" pilot scheme of imported waste processing approved by State Environmental Protection Administration may be increased whereas that of designated entities outside of enclosure zones shall not be increased. In case there is an actual need for an increase of designated entities, elimination of the last shall be imposed on existing designated entities that fail to meet the assessment criteria while enterprises, those top-ranked ones with advanced technologies, standardized management and up to the environmental protection standard, in particular, shall be selected among those under application for status as newly-added designated entities that are up to the Assessment Criteria in accordance with their assessment results and shall be submitted to State Environmental Protection Administration for examination and verification.

4.

The State Environmental Protection Administration shall carry out examinations and verification of application materials for designated entities submitted by the Environmental Protection Bureaus (Departments) of all provinces, autonomous regions and municipalities directly under the Central Government and shall organize some province-level environmental protection departments to make on-spot inspections and mutual inspections into designated entities. As for those who are discovered of violations of the law and regulations such as fraud and deception during the examinations and spot-inspections, the State Environmental Protection Administration shall not give ratification to their status as designated entities and shall conduct serious investigation and handling hereupon in accordance with the law. As regards local environmental protection departments with incompetent administration and knotty problems, the State Environmental Protection Administration shall circulate a notice of criticism on them.

5.

The list of designated entities of 2007 examined and approved by the State Environmental Protection Administration shall be notified to the public by dint of the portal of the State Environmental Protection Administration and the website of the Wastes Import Registration Management Center and shall be affirmed and confirmed by promulgation.

Appendix£ºApplication Form for Designated Processing and Utilization Entities of Imported Waste Hardware and Electrical Appliances, Waste Electrical Wire and Cable, and Waste Electromotors (Omitted)

General Office of State Environmental Protection Administration

October 13, 2006