Laws of the People's Republic of China

Circular of the General Office of the State Environmental Protection Administration on Strengthening the Examination and Approval of Waste Restricted from Import

Huan Ban [2006] No.89

The competent bureaus (departments) of environmental protection in all provinces, autonomous regions, municipalities directly under the Central Government:

For the purpose of strengthening the administration of solid waste used as raw materials which are restricted from import (hereinafter referred to as "imported waste"), regulating its examination and approval, putting an end to the illegal activities of reselling import licence of solid waste at high profits and preventing environmental pollution caused by the processing and utilization of solid waste, it is hereby notified:

I.

To further strengthen the examination and approval of waste import ports

The competent departments of environmental protection at all levels shall strengthen the administration of waste import ports in accordance with the Circular on Relevant Issues Concerning the Strengthening of Examination and Approval of Waste Restricted from Import (Huan Ban [2004] No.100). They shall be examined and approved by the competent departments nearby. When examining the applications of importing waste through coastal ports of other provinces, autonomous regions and municipalities, the competent departments in the following 21 provinces, autonomous regions and municipalities, i.e. Heilongjiang, Jilin, Inner Mongolia, Shanxi, Shaanxi, Ningxia, Gansu, Qinghai, Xinjiang, Tibet, Sichuan, Chongqing, Yunnan, Guizhou, Hubei, Hunan, Jiangxi, Anhui, Hebei, Henan and Beijing, shall strengthen the examination and verification of the capacity of the entities which process and utilize imported waste, their utilization record and the feasibility of cost accounting of importing waste through remote ports; the applications shall be submitted to the State Environmental Protection Administration only when they passed the local examinations.

II.

To further strengthen the supervision and administration of the entities which import and process waste plastics and waste hardware and electric appliance

1.

To make a record of the entities which utilize imported waste. As of September 1, 2006, entities which import waste plastics and waste hardware and electric appliance shall register at local competent departments of environmental protection and fill in the Record Form of Entities Importing Solid Waste as Raw Materials(For Trial Implementation) (See Appendix 1)

2.

To make a record of the current utilization of imported waste. As of the beginning day of importing solid waste, the registered entities shall keep a daily operation notebook and record exactly the importations, transportations, utilization and disposal of imported waste (including the disposal of residues which cannot be utilized). They shall fill in the Record Form of Solid Waste Utilization as Raw Materials (For Trial Implementation) (See Appendix 2) every quarter for key issues noted on their daily operation notebook and submit it to the competent departments for record. They shall also preserve relevant documents for inquiry for at least 3 years.

3.

To strengthen supervision and inspection. The competent departments of environmental protection at all levels shall strengthen the supervision and administration of the entities which import and process waste plastics and waste hardware and electric appliance, and conduct regular inspections on their utilizing capacity, current situation and pollution prevention measures. The municipal departments of environmental protection shall submit to the provincial ones the record of these entities, of their current situation of utilization and the results of supervision and inspection on them, the summary of which shall then be submitted to the State Environmental Protection Administration.

III.

To continue to combat forgery, falsification and reselling of import licence of solid waste at high profits

To ensure that imported waste is processed and utilized in entities which have legally obtained the import licence of solid waste, the competent departments of environmental protection at all levels, especially those of coastal cities, shall strengthen the combat against local illegal activities of forgery, falsification and reselling of import licence of solid waste at high profits in conjunction with local competent departments of public security, customs and quality control. Those who are confirmed to have committed illegal activities shall take responsibilities in accordance with the law and be made known to all by announcement.

Appendix:

1.

Record Form of Entities Importing Solid Waste as Raw Materials (For Trial Implementation)

2.

Record Form of Solid Waste Utilization as Raw Materials (For Trial Implementation)

General Office of the State Environmental Protection Administration

August 1, 2006