Administrative Measures for Examination and Approval of the Export of Hazardous Wastes (2019 Amendment Version)

Administrative Measures for Examination and Approval of the Export of Hazardous Wastes (2019 Amendment Version) Administrative Measures for Examination and Approval of the Export of Hazardous Wastes (Promulgated by Order No.47 of the State Environmental Protection Administration on January 25, 2008; and amended by Order No.7 of the Ministry of Ecology and Environment in accordance with the Decision of the Ministry of Ecology and Environment to Repeal and Amend Certain Rules on August 22, 2019) Table of Contents Chapter I General Provisions Chapter II Export Application, Examination and Approval Chapter III Supervision and Administration Chapter IV Penalty Provisions Chapter V Supplementary Provisions Chapter I General Provisions Article 1 These Measures are enacted according to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (hereinafter referred to as the Basel Convention ) and relevant laws and administrative regulations for the purpose of regulating the export administration of hazardous wastes and preventing environmental pollution. Article 2 The hazardous wastes generated within the territory of the People's Republic of China shall be subject to environmentally sound disposal within the territory to the best of abilities, so as to reduce export volume thereof and reduce environmental risk in transboundary movements of hazardous wastes. It is prohibited to export hazardous wastes to any non-contracting parties to the Basel Convention . Article 3 If an entity that generates, collects, stores, disposes of or utilizes hazardous goods intends to export hazardous wastes to any contracting parties to the Basel Convention outside the People's Republic of China, it shall be subject to export examination and approval of hazardous wastes. The term “hazardous wastes” as mentioned in these Measures refers to the solid wastes that have been included in the national hazardous waste inventory or are determined as hazardous according to the standards or measures for identification of hazardous wastes as set down by our country. These Measures shall be also applicable to the export examination, approval and administration of the “hazardous wastes” and “other wastes” mentioned in the Basel Convention as well as the “hazardous wastes” determined through national legislation by the contracting parties of import or transit. Article 4 The administrative department of environmental protection under the State Council shall be responsible for examination and approval of applications for export of hazardous wastes, and conduct the relevant supervision and administration. The administrative department of environmental protection under the local people's government at or above the county level shall, according to these Measures, supervise and administer the export of hazardous wastes within their respective administrative regions. Chapter II Export Application, Examination and Approval Article 5 To apply for export of hazardous goods, an applicant shall submit the following documents to the administrative department of environmental protection under the State Council: 1. Written application; 2. Notice on transboundary movement (in Chinese and in English); 3. Written agreement concluded between the exporter and the disposer or user in the State (region) of import; 4. Table of basic data on hazardous wastes, material safety data sheet (MSDS) or chemical safety data sheet (CSDS); 5. Explanatory document on generation of hazardous wastes, mainly including the hazardous waste generation process, place, technique and equipment; 6. Explanatory document on disposal or utilization of hazardous wastes in the State (region) of import, mainly including the place, type and capability for disposal or utilization equipment of hazardous wastes, as well as the methods for disposal of waste water, waste gas and industrial residue generated from disposal or utilization of hazardous wastes; 7. Valid voucher on authorizing or licensing the disposal or utilization of relevant hazardous wastes as obtained by the disposer or user from the State (region) of import; 8. Advance contingency scheme for an environmental pollution incident breaking out in the transport of hazardous wastes; 9. Explanatory document on transport route for hazardous wastes, mainly including domestic transport route (including the provinces, cities and counties of transit), place of departure, place of transit in the State (region) of transit, place of entry in the State (region) of import, as well as the contact information and address, etc. of the competent authority of the State (region) of import and the State (region) of transit; 10. Written commitment or valid insurance document of the importer. In the case of a written commitment, the exporter shall undertake to assume relevant expenses for return, disposal, pollution elimination of or damages for hazardous wastes when the hazardous wastes can not be exported or environmental pollution occurs due to an accident; and 11. Business license of the exporter. Photocopies of application documents mentioned in the preceding paragraph shall bear the seal of the applicant. Article 6 The administrative department of environmental protection under the State Council shall dispose of an application separately based on the following circumstances: 1. Accepting the application if the application documents are complete and consistent with requirements; and 2. Notifying, on the spot or within five workdays, the applicant of all the items that need to be supplemented and corrected at one time if the application documents are incomplete or inconsistent with requirements. Article 7 Under either of the following circumstances, the administrative department of environmental protection under the State Council shall make a decision on preliminary approval within 15 workdays after acceptance of an application: 1. The user in the State (region) of import requires t......