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In order to implement the requirements of the State Council on strengthening the administration of the import of waste materials, further improve the inspection, quarantine, supervision and administration of such import, and regulate the pre-shipment inspection of waste materials to be imported, the following opinions are hereby put forward: I. APPLYING THE MARKET ADMITTANCE SYSTEM TO THE IMPORT OF WASTE MATERIALS (1) An overseas enterprise, processing and production enterprise or agency institution exporting waste materials to China shall file a written application for registration with the SAQSIQ and provide the relevant documents such as environment and quality conditions and relevant certification of exported goods during recent years. No enterprise or institution may export waste materials to China unless registration is granted by SAQSIQ upon examination (the specific measures will be formulated separately). (2) The pre-shipment inspection institutions for the import of waste materials (hereinafter referred to the accredited institutions) and the port inspection and quarantine institutions will only accept applications by the overseas enterprises, processing and production enterprises and agency institutions that have been Registered. The time prior to August 31st 2004 is a transitional period. Since September 1, 2004, the application of an enterprise or institution that fails to get registered will not be accepted. (3) In case waste materials exported to China by an overseas enterprise, processing and production enterprise or agency institution registered with the SAQSIQ fail to meet the standards of China on environmental protection, such enterprise or institution will be disqualified for registration. An overseas enterprise, processing and production enterprise or agency institution registered with the SAQSIQ may not export goods to China for an overseas enterprise, processing and production enterprise or agency institution unregistered with the SAQSIQ. Violators of this provision will be disqualified for registration. II. ADMINISTRATION OF PRE-SHIPMENT INSPECTION OF IMPORT OF WASTE MATERIALS (1) The SAQSIQ is in charge of the uniform administration of inspection and quarantine of the import of waste materials. It shall formulate the relevant administrative regulations and rules, process the registration for overseas enterprises, processing and production enterprises and agency institutions, and organize appraisal and certification of overseas inspection institutions. (2) The China Certification and Accreditation Administration is in charge of the supervision and administration of overseas inspection institutions accredited by the SAQSIQ and pre-shipment inspections of import of waste materials conducted by such institutions. (3) The accreditation administration system is applied to the pre-shipment inspection institutions for the import of waste materials. III. APPLYING THE ACCREDITATION PROCEDURES TO PRE-SHIPMENT INSPECTION INSTITUTIONS FOR THE IMPORT OF WASTE MATERIALS (1) As the Commodities Inspection Law of the People's Republic of China provides, the QAQSIQ shall, in accordance with the Administrative Measures for the Accreditation of Pre-shipment Inspection Institutions for the Import of Waste Materials, conduct examination and appraisal of the overseas inspection institutions applying for pre-shipment inspection undertaking, accredit the qualified ones and issue the Certificate of Pre-shipment Inspection Institution for Import of Waste Materials to them. (2) The existing designated pre-shipment inspection institutions shall, as the abovementioned Measures require, submit the relevant application documents to the SAQSIQ before October 1st 2003. Those passing the examination (spot examination where necessary) will obtain the Certificate of Pre-shipment Inspection Institution for the Import of Waste Materials and become accredited institutions authorized by the SAQSIQ. (3) The accredited institutions authorized by the SAQSIQ shall: a. Popularize the Chinese laws and regulations and other relevant provisions of the SAQSIQ and the China Certification and Accreditation Administration on the administration of import of waste materials among local trade enterprises, processing and production enterprises, agency institutions and other accredited overseas institutions that are registered with the SAQSIQ; b. Besides performing all obligations provided in the Measures, strictly enforce the relevant laws, regulations and provisions of the state on the import of waste materials, implement and perfect pre-shipment inspections of import of waste materials; c. Take responsibility for work quality and inspection result, and independently assume legal and other related liabilities; and d. Conduct supervision and administration of the inspection work of the accredited institutions. (4) The accredited institutions shall: a. Perform all obligations and duties provided in the present Measures; b. Take responsibility for work quality and inspection result, and independently assume legal and other related liabilities; and c. Accept the supervision and administration of the accredited institutions authorized. IV. PRE-SHIPMENT INSPECTION 1. The state applies the inspection regulatory mode featuring the combination of pre-shipment inspection and arrival inspection to the import of waste materials permitted. 2. The pre-shipment institutions accredited by the SAQSIQ shall carry out pre-shipment inspections of the import of waste materials within the designated region and range in accordance with the relevant laws, regulations and provisions of the state. 3. For a region where there is no accredited institution so far or the accredited institution has been disqualified on a temporary or permanent basis, the inspection and quarantine institution at the arrival port may dispatch personnel to conduct pre-shipment inspection of the import of waste materials and issue a qualification report on pre-shipment inspection. V. SUPERVISION AND ADMINISTRATION OF PORT INSPECTION (1) At present, for a region where there is no accredited institution so far or the accredited institution has been disqualified on a temporary or permanent basis, the inspection and quarantine institution at the arrival port that has not dispatched any personnel to conduct pre-shipment inspection of import of waste materials may conduct strict batch-by-batch inspection of such materials at the arrival port. Should there be any problem with the arriving materials in any batch, the overseas enterprise, processing and production enterprise or agency institution involved will be disqualified for registration, and the port inspection and quarantine institution will no longer accept its application for inspection. (2) Applying the designated ports for the import of waste materials. Centralized administration of port inspection and quarantine inspections of import of waste materials will be gradually adopted in accordance with the category of waste materials imported, technological level of port inspection and detection, inspection forces deployed, detection equipment, etc. (3) All port inspection and quarantine institutions shall tighten inspections in strict compliance with the laws, regulations and provisions on import of waste materials. No organization or individual may dispose of unqualified materials in violation of corresponding provisions. In case of violation, the parties and the person-in-charge concerned shall be subject to legal liabilities. No accredited institution may in any way interfere with the administrative law enforcement of port inspection and quarantine institutions. Those committing interference shall be seriously dealt with. (4) Establishing the question-answer system for the supervision and administration of inspection of import of waste materials. All inspection and quarantine administrations under the direct control of the SAQSIQ shall adopt the question-answer form to request the instructions of the SAQSIQ in case there is any doubt or ambiguity about inspection, of which arbitrary treatment is not allowed. (5) Upholding the systems of reporting on serious problems and of risk warning and quick reaction. All inspection and quarantine administrations under the direct control of the SAQSIQ shall report the rejection circumstances of inspection and quarantine (see Attachment 2) to the SAQSIQ in good time and accurately, and send a copy thereabout to the China Certification and Accreditation Administration. The SAQSIQ will launch the risk warning and quick reaction mechanism and make notification of the relevant trade parties such as the foreign trade operators importing unqualified goods and the consignors thereof. The port inspection and quarantine institutions and the accredited institutions shall tighten inspections of waste materials imported by such operators, which may even be disqualified for inspection application. VI. SPECIAL ATTENTION During the current stage, all inspection and quarantine institutions shall pay special attention to the inspections of American Waste Paper #3 or any waste paper whose specification is equivalent thereto, so as to prevent unqualified goods from entering China. (1) Inspection of Waste Paper #3 sorted out from offices and industrial waste shall be tightened under the standard provided. (2) Life waste, clinic waste, etc that are carried by Waste Paper #3 shall not exceed 0.01% of the gross weight of the paper. VII. EQUIPMENT IMPROVEMENT All inspection and quarantine institutions concerned shall equip themselves with inspection and detection devices compatible with the inspections as soon as possible so as to improve the inspection level and efficiency, tighten the inspection and quarantine and prevent poisonous and harmful waste from entering China. VIII. COOPERATION All port inspection and quarantine institutions concerned shall enhance contact with local departments in charge of customs, environmental protection, etc., establish good cooperation and communication mechanism with them and transfer the unqualified goods upon inspection to such departments for handling. ATTACHMENTS: 1. Instruction Request Form on Inspection of the Import of Waste Materials Conducted by Inspection and Quarantine Institution (omitted) 2. Report Form on Rejection Circumstances of Import of Waste Materials (omitted) |
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