废物进口环境保护管理暂行规定 Interim Provisions on Administration of Environmental Protection in Cases of Wastes I

环控[1996]204号
颁布日期：19960301 　实施日期：19960401 　颁布单位：国家环境保护局、 对外贸易经济合作部、 海关总署、 国家工商局、 国家商检局

　　the State Environmental Protection Administration， the Ministry of Foreign Trade and Economic Cooperation， the General Administration of Customs and the State Administration for Industry and Commerce

　　March 1， 1996

　　Chapter I General Provisions

　　Article 1 These Provisions are formulated in accordance with the Law of the People's Republic of China on the Prevention and Control of Solid Wastes Pollution to the Environment and relevant laws and for the purposes of strengthening the environmental management on import of wastes and preventing the environmental pollution caused by imported wastes.

　　Article 2 These Provisions are applicable to the activities of import of wastes and environmental supervision and management within the territory of the People's Republic of China.

　　Article 3 It is forbidden to dump， pile or dispose of wastes imported from abroad in China.

　　Import of wastes which could be used as raw materials is restricted and， if import of such wastes is necessary， it must be governed by these Provisions.

　　Article 4 All units and individuals have the right to expose units which illegally import wastes to the competent administrative departments of environmental protection， competent departments of foreign trade and economic cooperation， Customs， import/ export commodity inspection departments， administrative departments for industry and commerce and judicial organs.

　　Article 5 The State Environmental Protection Administration exercises supervision and control over import of wastes throughout the country.

　　The competent administrative departments of environmental protection of local people's governments at various levels exercise supervision and control over import of wastes within their respective jurisdictions according to these Provisions， and have the power to make on-spot inspection into units engaging in import business activities of wastes.

　　Article 6 The State Environmental Protection Administration， jointly with the Ministry of Foreign Trade and Economic Cooperation and the General Administration of Customs， formulate， adjust and announce the List of Wastes Restricted by the State for Import as Raw Materials （Attachment 1）。

　　The State Administration for Import and Export Commodity Inspection， together with the State Environmental Protection Administration， formulate the standards for compulsory inspection over imported wastes.

　　Article 7 The competent departments of foreign trade and economic cooperation， Customs， import/export commodity inspection departments and administrative departments for industry and commerce exercise supervision and control over import of wastes and related business activities within their respective scope of duties.

　　Chapter II Environmental Management on Import of Wastes

　　Article 8 Import of any waste listed in Attachment 1 must be examined and approved by the State Environmental Protection Administration.

　　Import of any waste not listed in Attachment 1 of these Provisions （see Article 32 for the scope of wastes） is forbidden.

　　Article 9 The application and approval procedures for import of wastes are as follows：

　　（1） If imports of wastes of H.S. code 7204.1000， 7204.2100， 7204.2900， 7204.3000， 7204.4100， 7204.4900 and 7204.5000 listed in Category VI of Attachment 1 （hereinafter referred to as wastes of H.S. codes 7204.1000 to 7204.5000） are applied for， the units of import of wastes or the units of utilization of wastes apply therefor directly to the State Environmental Protection Administration， and the State Environmental Protection Administration examines and approves such applications.

　　（2） If imports of other wastes listed in Attachment 1 are applied for， the units of import of wastes or the units

of utilization of wastes apply therefor to the competent administrative departments of environmental protection under the people's governments at the city level in the places where the units of utilization of wastes are located （hereinafter referred to as the competent administrative departments of environmental protection at the city level）， and after they are examined and consented by the competent administrative departments of environmental protection at the city level and the competent administrative departments of environmental protection under the people's governments of provinces， autonomous regions or municipalities directly under the Central Government （hereinafter referred to as the competent administrative departments of environmental protection at the provincial level）， they are reported to the State Environmental Protection Administration for examination and approval.

　　Article 10 An application for import of wastes must meet the following requirements：

　　（1） The unit applying for import of wastes for use as raw materials must be an enterprise legal person established according to law， and have the capability in utilizing the imported wastes and corresponding equipment for the prevention and control of pollution； and

　　（2） Wastes applied for import have been listed into the List of Wastes Restricted by the State for Import as Raw Materials.

　　Article 11 The unit applying for import or utilization of wastes listed in Attachment 1 of wastes must submit the following application materials：

　　（1） Application Form for Import of Wastes （Attachment 2）（omitted）；

　　（2） Report on Environmental Risks for Import of Wastes as Raw Materials or Statement on Environmental Risks for Import of Wastes as Raw Materials.

　　The above-mentioned application materials must be made in three copies.

　　Article 12 The competent administrative department of environmental protection accepting an application for import of wastes shall， within five working days from the date of receiving the application materials for import of wastes， handle the application for import of wastes respectively as follows：

　　（1） If the requirements of Articles 9 and 10 of these Provisions are met， the application for import of wastes shall be accepted；

　　（2） If any of the requirements of Article 10 of these Provisions is not met， the application for import of wastes is not accepted and the reasons are given thereto； or

　　（3） If the applicant fails to submit any of the application materials listed in Article 11 of these Provisions， the applicant shall be notified to submit the supplementary materials within a given time limit. If he fails to do so within the given time limit， it is deemed as not filing application therefor.

　　Article 13 The units applying for import or utilization of wastes of H.S. codes 7204.1000 to 7204.5000 in Category VI of Attachment 1 must make assessments on environmental risks from wastes planned to import for use as raw materials and in the course of their storage， transportation and utilization， fill in the Statement on Environmental Risks on Import of Wastes and submit it directly to the State Environmental Protection Administration for examination.

　　Article 14 The units applying for import or utilization of wastes in Categories II，VII，VIII and IX of Attachment 1 must make assessments on environmental risks from wastes planned to import for use as raw materials and in the course of their storage， transportation and utilization， prepare the Report on Environmental Risks on Import of Wastes， and submit it to the competent administrative departments of environmental protection for examination according to the relevant provisions of the State Environmental Protection Administration.

　　Article 15 The units applying for import or utilization of wastes in Categories I， III， IV，V and VI other than wastes of H.S. codes 7204.1000 to 7204.5

000 of Attachment 1， or the units applying for import of wastes again referred to in Article 14 already approved， must make assessments on environmental risks from the wastes planned to import for use as raw materials and in the course of their storage， transportation and utilization， fill in the Statement on Environmental Risks on Import of Wastes， and together with the Application Form for Import of Wastes， submit them to the relevant competent administrative departments of environmental protection for examination according to the procedures prescribed in paragraph （2） of Article 9 of these Provisions.

　　Article 16 The technical requirements and examination procedures for the assessment of environmental risk on import of wastes arc formulated separately by the State Environmental Protection Administration.

　　The units undertaking to assess environmental risks on import of wastes must obtain the Qualification Certificate for Assessment of Environmental Risks on Import of Wastes issued by the State Environmental Protection Administration.

　　Article 17 The competent administrative departments of environmental protection at the city or provincial level accepting applications for import of wastes shall， within 10 working days from the date of receiving the application materials for import of wastes， produce their examination comments and notify applicants.

　　Article 18 Within 10 working days from the date of receiving the directly accepted application materials for import of wastes or the application materials for import of wastes transmitted by the competent administrative departments of environmental protection at the provincial level， the State Environmental Protection Administration shall make decisions of approval or disapproval and notify applicants.

　　If an applicatio

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