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Supplementary Provisions to the "Interim Provisions on the Administration of Environmental Protection regarding the Import of Waste Materials"

(Promulgated by the National Environmental Protection Agency, the Ministry of Foreign Trade and Economic Cooperation, the General Administration of Customs, the State Administration for Industry and Commerce, the State Administration for the Inspection of Import and Export Commodities on July 26,1996)


In order to further strengthen the administration of environmental protection against the imported wastes and to prevent the overseas wastes from entering into China we hereby issue the following supplementary provisions to the "Interim Provisions on the Administration of Imported Wastes and Environmental Protection"(H.K. [1996] No.204, hereinafter referred to as the Interim Provisions):

1. The import of wastes refers to the entering of all wastes (including scraps)into the territory of the People's Republic of China in any forms of trade, grant or donation, etc...

2. The nationwide inspection of imported wastes shall fall under the unified administration of the State Administration for the Inspection of Import and Export Commodities (hereinafter referred to as "SAIIEC"). The wastes allowed by the State for import shall undergo pre-shipment inspection. The specific measures of which shall be implemented after their formulation by the SAIIEC.

3. Import of wastes shall be conducted in conformity with the relevant mandatory standards stipulated by the State. The contracts concluded between the importing units and their business partners outside of China shall specify the quality of the wastes to be imported, and their pre-shipment inspection clauses, and state that smuggling of the domestic wastes and the hazardous wastes which are specified in the " Basel Convention on the Control of Transbundary Movement of Hazardous Wastes and Teir Disposal ",  and other wastes shall be strictly forbidden, and agree that the preshipment inspection of the wastes to be imported shall be conducted by an inspection unit designated or approved by China's inspection organs on commodities or the SAIIEC, and that the shipment of which shall not be conducted until requirements for inspection are met.

4. Upon receipt of application for shipment of the imported wastes, the transport unit in foreign trade shall require the applicant to present the Approved Certificate of Pre-shipment Inspection unit designated or approved by the SAIIEC, in addition to the Certificate of Approval for the Import of Wastes issued by The National Environmental Protection Agency. Wastes are prohibited from entering into China through the "To Order" Consignment.

5. The importing unit of wastes shall, 10 days prior to the arrival of the imported wastes at the destination port, notify the inspection organs on commodities for inspection.

6. Upon arrival of the imported wastes at the port of China, the consignee shall declare at the customs by presenting the first copy of the "Certificate of Approval for the Import of Wastes" the "Customs Declaration" and the other relevant documents (Certificate of Inspection on Commodities). And then he shall submit the Certificate of Approval for the Import of Wastes, the Approved Certificate of Pre-shipment Inspection and the other required documents to the inspection organ on communities at the port for examination. The inspection of the wastes shall be conducted and a "Note on the Results of the Inspection" be issued by the inspection organ for the wastes which meet the requirements against which the customs shall grant clearance; Any problem found during this process, shall be made known to the customs and the local administration for environmental protection, and be dealt with by the same according to the law. 

7. No imported wastes shall be stored in the bonded warehouse without the "Certificate of Approval for the Import of Wastes"

8. No enterprise shall be engaged in the transit trade of wastes.

9. Enterprises which import wastes through the processing trade shall have their processing contracts registered with the customs for record by presenting the "Certificate of Approval for the Import of Wastes" issued by the National Environmental Protection Agency.

10. Amendments are to be made to the "Certificate of Approval for the Import of Wastes", Appendix 3 to the "Interim Provisions". On the front, an item of "port of import" shall be added; and on the back, "destination port" shall be substituted for "quantity of import for this time" and "quantity" for "quantity of  commodities mot yet imported". And the third copy of the original Certificate of Approval for the Import of Wastes shall be substituted by the "foreign transport consignee file".

11.  Any unit involved in the transferring or illegal trafficking of the "Certificate of Approval for the Import of Wastes" issued by the National Environmental Protection Agency, shall be revoked by the same bureau and the status of that unit in importing and processing wastes shall be suspended or annulled.

12. This provision shall take effect beginning from August 1,1996.

(This English version is for your reference only.In case any discrepancy exists between the Chinese and English context, the Chinese version shall prevail.)

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