General Order No. 119 "imported solid wastes as raw materials inspection and quarantine supervision and management measures" 2009.8.21
No. 119
"Imported solid wastes as raw materials inspection and quarantine supervision and management" has been May 26, 2009 General Administration of Quality Supervision, Inspection and Quarantine Bureau of Finance meeting, is hereby promulgated, November 1, 2009 shall come into force.
Secretary
August 21, 2009
Imports of solid wastes as raw materials inspection and quarantine supervision and management measures
Chapter I General Provisions
In order to strengthen the import of solid waste as raw materials inspection and quarantine supervision and management, environmental protection, according to "Import and Export Commodity Inspection Law" and its implementing regulations, "Frontier Health and Quarantine Law" and its implementation details, "Entry and Exit Animal and Plant Quarantine Law of the People's Republic" and its implementing regulations, "the People's Republic of Solid Waste Pollution Prevention Law" and other relevant laws and regulations, formulated.
Second approach can be used as raw materials for import of solid waste (hereinafter referred to as waste materials) inspection and quarantine supervision and management.
Article of Quality Supervision, Inspection and Quarantine (hereinafter referred to as AQSIQ) shall be in charge of inspection and quarantine of imported waste materials and the supervision and management.
AQSIQ in the entry-exit inspection and quarantine agencies around (hereinafter referred to as inspection and quarantine institutions) is responsible for their areas of jurisdiction of the inspection and quarantine of imported waste materials and supervision.
Article 4 The State of imported waste materials of foreign suppliers, to implement the registration system for domestic consignees. Foreign suppliers, domestic consignee before the signing of foreign trade contracts, shall obtain registration.
The state of pre-shipment inspection of imported waste materials to implement the system. Inspection of imported waste materials, the consignee shall provide the inspection and quarantine agency or designated by the State Administration of Quality Supervision pre-shipment inspection certificate issued by the inspection agency.
After the arrival of imported waste materials from inspection and quarantine institutions shall implement the inspection and quarantine.
The State Administration of Quality Supervision Inspection and Quarantine of imported waste materials to implement risk analysis and early warning notification system.
Chapter II Registration of foreign supplier
Article AQSIQ is responsible for foreign suppliers to accept applications for registration, evaluation and approval.
Article VIII apply for registration of foreign supplier shall meet the following conditions:
(A) with country (region) legitimate business qualifications;
(B) have a fixed office;
(C) familiar with and abide by Chinese inspection and quarantine, environmental protection laws and regulations;
(D) to obtain ISO9001 quality management system, RIOS system certification;
(5) The enterprise shall ensure that its products meet their application for registration of types of waste materials to adapt to China's safety, health and environmental protection of the mandatory requirements of national technical specifications;
(F) has a relatively stable source of supply, and environmental sources of supply of quality control measures;
(G) in the last three years has not been any major safety, health, environmental quality issues;
(H) apply for registration with the Internet and the ability to pre-shipment inspection report, with appropriate radiation detection equipment and other infrastructure, and test capabilities.
Article IX apply for registration of foreign supplier shall provide the following materials:
(A) the registration application;
(B) tax registration documents notarized, a business registration documents need to provide notarized business registration documents;
(C) organizations, departments and job responsibilities of the statement;
(D) indicate the size of a fixed office space plan, there are processing sites, provide processing floor plan, can fully show the real space of three or more video files or photos;
(E) ISO9001 quality management system certification or RIOS system, and color copies of guidance documents and related operations.
Written materials submitted must be in Chinese or in Chinese and English text.
Article AQSIQ on foreign suppliers for registration application for registration shall be dealt with separately under the following circumstances:
(A) the application materials are incomplete or do not meet the statutory form, on the spot or within five days inform the applicant of all the content needed to make corrections, fails to do so, since the date of receipt of the application materials shall be accepted;
(B) the application materials are complete, comply with the statutory form, or the applicant submitted a request AQSIQ all the supplementary application materials, should be accepted.
Article 11 The State Administration of Quality Supervision shall accept the application for registration of the foreign supplier within 10 days from the date of composition of the expert review group, the implementation of a written assessment. Expert review time is not counted, but should be written to the applicant.
Review Group should review the assessment made after the end of the conclusion to the AQSIQ report submitted for assessment.
Article 12 The State Administration of Quality Supervision self-assessment reports received within 10 days from the date of making the decision whether to grant registration.www.bjblx.cn
AQSIQ for review of qualified applicants, to grant registration and issue registration certificate; the assessment failed, no registration, and a written explanation, inform the applicant of the right to apply for administrative reconsideration or bring an administrative action rights.
Foreign suppliers of imported waste materials registration certificate valid for three years.
Article XIII of the content of the foreign supplier registration changes, changes shall, within 30 days from the date of proposed changes to the AQSIQ application, and submit relevant materials:
(A) the name or the legal representative of the changes, submitted to the Article 9 of the first, two provisions of the material;
(B) the address change, submitted to the Article 9 of the first, second, four required materials.
Foreign suppliers of waste materials requires new types of registration shall be submitted to the AQSIQ and the kinds of new Article 9 of the first five provisions of the material.
Article 14 The State Administration of Quality Supervision shall receive the foreign supplier to change the date of application for registration within 20 days to decide whether to grant registration to change the decision.
Article XV of foreign supplier's name and legal representative of the per capita change, should be re-registered to the AQSIQ registration.
Article XVI of foreign suppliers for the continuation of the registration period, it should be in the registration certificate expires 90 days prior to the AQSIQ renewal application and submit the Article 9 of the first, second, provision of materials and four Certificate of Availability of the report period.
Article XVII AQSIQ shall receive continuation of registration within 90 days from the date of the application to decide whether the decision to grant registration renewal.
Chapter domestic consignee registration
Article 18 Inspection and Quarantine Bureau directly under the jurisdiction of the regional domestic consignee is responsible for the registration application for the acceptance, review and approval.
Article 19 The application for registration of domestic consignee shall meet the following conditions:
(A) has a legal qualification of import and export business;
(B) have a fixed office;
(C) familiar with and abide by Chinese inspection and quarantine, environmental protection, mandatory requirements and technical specifications related to environmental control standards;
(D) the establishment and operation of quality management system;
(E) has a relatively stable source of supply and domestic use of units.
Diershitiao apply for registration of domestic consignee shall provide the following materials:
(A) the registration application;
(B) the business license and its copy;
(C) the organization code certificate and photocopy;
(D) "foreign trade operators Registration Certificate" and import and export license documents and copies of qualification;
(E) quality management system documents;
(F) the use of units of domestic import agent, import agent shall provide the documents, the domestic use of units of the organization code certificate (copy) and "imported solid wastes as raw materials to use unit record table."www.bjblx.cn
Inspection and Quarantine Bureau directly under Article XXI of the domestic consignee's registration application shall be dealt with under the following circumstances:
(A) the application materials are incomplete or do not meet the statutory form, on the spot or within five days inform the applicant of all the content needed to make corrections, fails to do so, since the date of receipt of the application materials shall be accepted;
(B) the application materials are complete, comply with the statutory form, or directly under the Inspection and Quarantine Bureau in accordance with the requirements of the applicant to submit all the supplementary application materials, should be accepted.
Article 22 Inspection and Quarantine Bureau directly under the domestic consignee shall accept the application for registration within 10 days from the date of composition of the expert review group, the implementation of a written assessment and site assessment. Expert review time is not counted, but should be written to the applicant.
Qualified applicants for the written assessment, the assessment group should be in accordance with "imported solid wastes as raw materials for registration on-site assessment of domestic consignee record form" requirements for site assessment. Review group should be developed on-site assessment plan and review the implementation of the 15 days before the date of notice to the applicant.
Review group should be made after the end of the assessment review concluded, Inspection and Quarantine Bureau directly under submission to the review report.www.bjblx.cn
Article 23 Inspection and Quarantine Bureau directly under the date of receiving the assessment report within 10 days to make the decision whether to grant registration.
Inspection and Quarantine Bureau directly under the review of qualified applicants, to grant registration and issue registration certificate; failed the written evaluation, on-site assessment of failed or new laws and regulations are found in violation of our situation, no registration, and a written explanation inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit.
Domestic consignees of imported waste materials registration certificate valid for three years.
Article 24 The consignee registered domestic content changes, changes shall, within 30 days from the date of Inspection and Quarantine Bureau directly under the proposed changes to the application and submit relevant materials:
(A) address or the legal representative of the change, submit to Article 20, II of Article 14;
(B) the agent of change in the domestic use of units, the first submission to Article 20, six under the material.
Article 25 Inspection and Quarantine Bureau directly under the domestic consignee shall receive the application for change of registration within 20 days from the date of making the decision whether to grant change of registration.
Article 26 The name of the consignee of domestic change, should be re-made to the Inspection and Quarantine Bureau directly under the registration application.
Article 27 The consignee for the continuation of the domestic registration is valid, it should be registered 60 days prior to the expiry of the certificate of Inspection and Quarantine Bureau directly under the proposed renewal application and submit to Article 20 first, second, third and four requirements materials and production and operation report, the report should include the following:
(A) the business name, office address changes and production;
(B) the production conditions and product changes;
(C) the certificate validity period for the case of imported waste materials, processing and utilization of self-consignee, should also provide processing and utilization of waste materials.
Inspection and Quarantine Bureau directly under Article 28 shall receive a continuation of registration within 60 days from the date of application, to make the decision whether to grant registration renewal.www.bjblx.cn
Chapter pre-shipment inspection
Article 29 before entering the waste materials, the foreign supplier shall provide inspection and quarantine agency or designated State Administration of Quality Supervision pre-shipment inspection agencies (hereinafter referred to as pre-shipment inspection agency) for pre-shipment inspection.
Article 30 pre-shipment inspection pre-shipment inspection agencies shall have to adapt to the test equipment business and technical professionals.
第三十一条 pre-shipment inspection agencies should be provided in the State Administration of Quality Supervision and inspection of business within the region according to Chinese environmental protection control standards and the implementation of pre-shipment inspection pre-shipment inspection procedures.
Article 32 of its inspection of pre-shipment inspection agencies to issue e-waste materials inspection certificate; test failed, the issue of "pre-shipment situation failure notice."
Article 33 The import of waste materials found in the port inspection and quarantine institutions at the certificate does not match the goods or environmental projects failed, pre-shipment inspection agency shall report to the State Administration of Quality Supervision pre-shipment inspection, and to provide inspection of recorded images and written information.
Article 34 The State Administration of Quality Supervision pre-shipment inspection agency in accordance with relevant provisions of the supervision and administration.
Chapter arrival quarantine
Article 35 The import of waste materials arrived at the port, the consignee or his agent shall domestic port of entry inspection and quarantine agencies to inspection, examination and quarantine.www.bjblx.cn
Inspection should be provided "imports of solid wastes as raw materials supplier of foreign registration certificate" (copy), "solid wastes as raw materials imported domestic consignee registration certificate" (copy), " pre-shipment inspection certificate ", import licenses waste materials (Inspection and Quarantine together), and the contract, invoice, packing list, put / Waybill and other necessary paper or electronic documents.
Article 36 The inspection and quarantine institutions shall in accordance with national environmental protection standards and control procedures at ports of entry inspection and quarantine of imported waste materials for health and quarantine, animal and plant quarantine, environmental protection projects and other projects of the inspection and quarantine inspection.
Imported waste paper, according to the AQSIQ and the inspection of foreign trade facilitation needs, specify the tests in other locations.
Article 37 The inspection and quarantine agencies to implement inspection and quarantine of imported waste materials to inspect facilities should meet the following conditions:
(A) has sufficient space or special inspection of the Treasury, with a box, dig box and landing tests necessary mechanical equipment;
(B) with the implementation of electronic monitoring, video surveillance facilities, and have on-site inspection and quarantine office conditions required;
(C) configuration handheld radiation detectors, imports of scrap metal, scrap metal, smelting slag monitoring sites or equipment should also be equipped with channel-type radiation detection equipment;www.bjblx.cn
(D) can be configured to respond to emergencies with the necessary facilities (on-site protection, consumer washing, sewage and rescue equipment, supplies and personal protective equipment) and communications, transportation equipment;
(E) other tests required for general on-site quarantine facility.
Article 38 The inspection and quarantine authorities of the inspection and quarantine of imported waste materials pass, issued by the "Immigration Customs Clearance of goods", and note items marked "Preliminary examination of these goods did not find the material does not meet the requirements of environmental protection"; on inspection and quarantine failed, issue a "notice of inspection and quarantine treatment" and "inspection and quarantine certificates."
Chapter VI Supervision and Administration
Article 39 The foreign suppliers and domestic consignee shall ensure compliance with registration requirements, in accordance with the scope of registration to carry out supply, imports and other activities.
Consignee is not to conduct their own domestic processing and utilization, import of waste materials should be delivered in line with environmental protection department under the use of units.
Article 40 The State Administration of Quality Supervision Inspection and Quarantine Bureau directly under or can be foreign suppliers, domestic consignees on-site inspection, verification, tracking goods, environmental quality status in the form of supervision and management.
Article 41 The State Administration of Quality Supervision According to foreign suppliers for the quality of the goods by the state, the dynamic evaluation of its ethical standards, its implementation of category management.
Article 42 The AQSIQ import of waste materials for the implementation of A, B, C three early-warning management:
(A) must revoke the foreign and domestic suppliers registered consignee, or from a particular country / region, the import of specific categories of waste materials, AQSIQ issued Class A warning, inspection and quarantine authorities are no longer accepted The relevant inspection application;
(B) provided to foreign suppliers, domestic or imports from a particular recipient country / region specific categories of imported waste materials to tightened inspection measures, AQSIQ issued Class B warning, inspection and quarantine authorities waste materials related to the implementation of all testing; consignee of imported domestic waste materials to tightened inspection measures, also issued by Inspection and Quarantine Bureau directly under the Class B warning, inspection and quarantine agencies within their jurisdiction for the implementation of all waste materials related to inspection;
(C) the failure of environmental projects or other risk control measures to be taken to the waste materials, the State Administration of Quality Supervision, Inspection and Quarantine agency or warning issued Class C, port inspection and quarantine authorities should pay close attention to the life of the early warning early warning tool for carrying cargo and the movement of the trigger Class C waste materials related to the implementation of early warning of full inspection.
Article 43 The foreign supplier of the following circumstances trigger the Class B warning, inspection and quarantine agencies to its output of waste materials to implement the full test period of 90 days:
(A) the certificate does not match the goods within a year or cumulative environmental projects failed more than three groups (with 3 batch);
(B) the quarantine failure and have a greater risk of disease;
(C) pursuant to the provisions of Article 47 Measures to be removed and re-registered to obtain;
(D) on-site inspection found quality control system defective.
Article 44 of the following circumstances domestic consignee Class B trigger warning, inspection and quarantine agencies to its implementation of the import of waste materials, the full test period of 90 days:
(A) there is a serious waste materials imported goods certificate does not match, inaccurate reporting, investigation indeed domestic consignee responsibility;
(B) the domestic content of the consignee of the registration change, not directly under the Inspection and Quarantine Bureau within the prescribed time limit for the change of;www.bjblx.cn
(C) occur within one year of the first inspection of imported waste materials environmental projects failed, and upon inspection indeed domestic consignee responsibility;
(D) on-site inspection found quality control system defective;
(E) According to the way the provisions of Article 48 made after the abolition of re-registered.
Article 45 of the following circumstances due to domestic consignees Class B trigger warning, inspection and quarantine agencies to its implementation of the import of waste materials, the full test period of 180 days:
(A) the certificate does not match the goods within a year or cumulative environmental projects failed more than 2 batches (including 2 batches), and upon inspection indeed domestic consignee responsibility;
(B) the 90-day period from happening again tightened inspection of the conditions listed in Article 44 means one.
Chapter VII Liability
Article 46 The import of foreign waste materials suppliers, domestic consignee does not get registered, or have not been pre-shipment inspection of imported waste materials, in accordance with relevant state regulations shall be ordered to return; the circumstances are serious, by the inspection and quarantine agencies in accordance with " Republic of China Import and Export Commodity Inspection Law Ordinance, "the provisions of Article 53 of more than 10 million and impose a fine of 100 yuan.www.bjblx.cn
Article 47 The foreign supplier of the following circumstances, in accordance with the State Administration of Quality Supervision, "Republic of China Import and Export Commodity Inspection Law Ordinance," the provisions of Article 53 of the revocation of its registration:
(A) providing false immigration documents;
(B) the certificate of registration or transfer of registration numbers used by other companies;
(C) the export of waste, fraud and other materials when there is fraud;
(D) export of waste materials a serious failure or environmental projects there is a serious disease risk;
(E) B-type warning period, the recurrence of Article 43 of the way one of the circumstances;
(F) does not match returned to;
(Vii) the failure of the waste materials have been returned once again arrived in mainland China;
(H) does not accept the supervision and management.
Article 48 The consignee of the following domestic circumstances, in accordance with the Inspection and Quarantine Bureau directly under the "Republic of China Import and Export Commodity Inspection Law Ordinance," the provisions of Article 53 of the revocation of its registration:
(1) forging, altering, sale or use of forged or altered the documents;
(B) the certificate of registration or transfer of registration numbers used by other companies;
(C) not seek to import waste materials processing and delivery of the appropriate use of units;
(D) B-type warning period, the recurrence of the way one of the circumstances of Article 45;
(E) is not in accordance with the requirements of inspection and quarantine authorities returned the implementation;
(F) does not accept the supervision and management.
Article 49 The consignee of imported waste materials of domestic fraud by the inspection and quarantine agencies in accordance with "the State Council on strengthening food and product safety supervision and management of the Special Provisions," Article VIII of the value at three times the amount of the fine; constitute a crime be held criminally responsible. Inspection of imported waste materials, agent fraud, and canceled inspection qualification, the equivalent value of the amount and impose a fine.www.bjblx.cn
Article 50 The inspection and quarantine of imported waste materials who neglects his duty, favoritism or abuse of power, shall be given administrative sanctions; constitutes a crime shall be investigated for criminal liability.
Chapter VIII Supplementary Provisions
Article 51 from the outside into the bonded zones, export processing zones and other customs supervision of the management of imported waste materials, in accordance with the Regulations.
Areas as stipulated in the production process generated waste, defective products, scrap and waste materials are to be affected goods entering the country out of the district, from the implementation of inspection and quarantine, in accordance with relevant provisions issued by "the Immigration Customs Clearance of goods."
Article 52 provides for the inspection and quarantine institutions based on imports of scrap ships and foreign ships, aircraft and equipment in the waste materials generated within the maintenance, inspection and quarantine, consignee or their agents from the domestic to submit "foreign supplier registration Certificate "and" pre-shipment inspection certificate. "
Article 53 These Measures referred to in the certificate of the electronic and paper certificates have the same effect.
Article 54 In addition to Article XIII, 16, 17, Article 24, Article 27, Article 28, Article 43, Article 44, Article 45, this means puts it, "Day" are working.
Article 55 of Hong Kong, Macao and Taiwan suppliers of waste materials for registration in accordance with the Measures.
Article 56 The import of foreign waste materials supplier, domestic or consignee directly to the State Administration of Quality Supervision Inspection and Quarantine Bureau to submit all the documents are Chinese version shall prevail.
Article 57 in the import of waste materials on-site inspection and quarantine staff should be made under the State Administration of Quality Supervision job qualification.www.bjblx.cn
Personnel engaged in the registration review the provisions of the AQSIQ shall obtain the appropriate qualifications. AQSIQ according to business needs and on-site assessment of actual needs, you can hire professionals to assist on-site assessment work related.
Article 58 These Measures shall be interpreted by the AQSIQ.
Article 59 These Measures shall November 1, 2009 shall come into force. Previous provisions inconsistent with this approach, these Measures shall prevail.
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