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

n for import of wastes is approved， the State Environmental Protection Administration issues the Certificate of Approval for Import of Wastes （Attachment 3）（omitted）。

　　Article 19 When necessary， the State Environmental Protection Administration may organize experts for discussion or solicit opinions of related departments in the course of examining the application materials for import of wastes.

　　Article 20 The valid term of the Certificate of Approval for Import of Wastes issued by the State Environmental Protection Administration is one year.

　　Article 21 The Customs must give clearance for wastes listed in Attachment 1 only according to the Certificate of Approval for Import of Wastes issued by the State Environmental Protection Administration and the inspection certificate issued by the of import/export commodity inspection agencies in the places of ports.

　　Article 22 The units of import of wastes and the units of utilization of wastes must fill in the Report on Import of Wastes for the wastes imported each quarter （Attachment 4）（omitted）， and submit them to the competent administrative departments of environmental protection at the city level in the places where the units of utilization of wastes are located.

　　The units of utilization of wastes must， according to the requirements of the Report on Environmental Risks of Import of Wastes or the Statement of Environmental Risks of Import of Wastes， prevent and control any pollution to the environment caused by the imported wastes.

　　Article 23 The import/export commodity inspection agency shall， whenever discovering any possible pollution to the environment by imported wastes in conducting inspection， timely notify and transfer the case to the local competent administrative department of environmental protection and Customs for handling according to law.

　　Article 24 If a processing or production project which utilizes imported wastes as raw materials is constructed， the construction unit must make an assessment of environmental risks， prepare the Report on Environmental Risks of Import of Wastes， and after th

e competent administrative departments of environmental protection at the city level and the provincial level in the place where the construction project is located produce their comments， submit it to the State Environmental Protection Administration for examination.

　　Article 25 The units engaging in the processing and utilization of wastes in Category VII of Attachment 1 must be the wastes processing and utilization units approved by the State Environmental Protection Administration.

　　Article 26 An enterprise applying to engage in import， operation， processing or utilization of wastes listed in Attachment 1 must submit the document of approval issued by the State Environmental Protection Administration， and without such document of approval issued by the State Environmental Protection Administration， the administrative department for industry and commerce may not approve its registration.

　　Enterprises already engaged in the operation activities of imported wastes prior to the operation of these Provisions must， according to the provisions of Document No [1995] 54 of the General Office of the State Council， apply to the State Environmental Protection Administration for examination and approval.

　　Chapter III Penalty Provisions

　　Article 27 Anyone who， in violation of these Provisions， moves wastes from abroad into China for dumping， piling or disposals， or imports wastes for use as raw materials without approval by the State Environmental Protection Administration， is punished according to Article 66 of the Law of the People's Republic of China on the Prevention and Control of Solid Wastes Pollution to the Environment.

　　Anyone who， in the name of utilization as raw materials， imports wastes not usable as raw materials， is punished according to the provisions of the preceding paragraph.

　　Article 28 Solid wastes already illegally moved into China are governed by Article 68 of the Law of the People's Republic of China on the Prevention and Control of Solid Wastes Pollution to the Environment.

　　Article 29 If anyone forges or alters the Certificate of Approval for Import of Wastes of the State Environmental Protection Administration， the State Environmental Protection Administration imposes a fine of more than 50，000 yuan but less than 500，000 yuan thereto and transfers concurrently to the judicial organ for investigation of criminal responsibility.

　　Article 30 If anyone， in violation of the provisions of Paragraph （2） of Article 26 of these Provisions， fails to go through the examination and approval procedures with the State Environmental Protection Administration for import operations of wastes but continues to engage in import operations of wastes， the Customs may not give clearance to the wastes and order him to transport the wastes back， the competent department of foreign trade and economic cooperation shall revoke his import operation right according to law， and the administrative department for industry and commerce shall revoke his business license according to law.

　　Article 31 Any person engaging in supervision and control on import/export of wastes who abuses his power， neglects his duty or practices favoritism for personal gains， is given administrative sanctions if his act does not constitute a crime； and if a crime is constituted， criminal responsibility is investigated according to law.

　　Chapter IV Supplementary Provisions

　　Article 32 The definitions of the following terms in these Provisions：

　　（1） Scope of wastes：

　　Solid wastes mean wastes in solid or semi-solid state generated in the production， construction， daily life and other activities， which pollute the environment.

　　Industrial solid wastes mean solid wastes generated in such production activities as industry and transportation.

　　Urban living rubbish means solid wastes generated in the course of urban daily life or ac

tivities providing services for urban daily life as well as those solid wastes which， as stipulated by laws and administrative regulations， are deemed urban living rubbish.

　　Dangerous wastes mean wastes included in the national lists of dangerous wastes or wastes which， according to the State's identification standards and method of dangerous wastes， are determined as having the dangerous property.

　　（2） Units of import of wastes mean foreign trade operation units engaging in import of wastes.

　　（3） Units of utilization of wastes mean units which actually engage in the processing and utilization of imported wastes.

　　Article 33 If any provisions on environment management on import of wastes issued by the State Environmental Protection Administration itself or jointly with relevant departments prior to entry into force of these Provisions contradict these Provisions， such provisions cease to be implemented.

　　Article 34 These Provisions are interpreted by the State Environmental Protection Administration jointly with relevant departments.

　　Article 35 These Provisions shall enter into force as of April 1， 1996.

　　Attachment：

　　Relevant Clauses of the Law of the People's Republic of China on the Prevention and Control of Solid Wastes Pollution to the Environment

　　Article 66 If anyone， in violation of the provisions of this Law， dumps， piles or disposes of solid wastes moved into China from outside the territory of China， or imports solid wastes for use as raw materials without approval by the competent department of the State Council， the Customs orders to transport back and return the said solid wastes and may impose a fine of more than 100，000 yuan and less than 1，000，000 yuan concurrently. If anyone evades Customs control， thus constituting a crime of smuggling， criminal responsibility shall be investigated according to law.

　　Anyone who， in the name of raw materials utilization， imports solid wastes not usable as raw materials， shall be punished according to the provisions of the preceding paragraph.

　　Article 68 With regard to the solid wastes already moved into China illegally， the competent administrative departments of environmental protection of the people's governments at and above the provincial level shall make proposals on handling them to the Customs according to law， the Customs shall， according to the provisions of Article 66 of this Law， make decisions on the punishment therefor； if environmental pollution has already been caused， the competent administrative departments of environmental protection of the people's governments at and above the provincial level shall order the importers concerned to eliminate the pollution

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