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Chemicals first export and import of toxic chemicals
Environmental Management (March 16, 1994, the State Environmental Protection
Bureau, General Administration of Customs and Ministry of Foreign Trade
and Economic Cooperation Xinhua)
Chapter One.
First, in order to protect human health and ecological environment, chemicals
and the first import and export of toxic chemicals in the environment
management and the implementation of the "Information on Chemicals
in International Trade on the London Guidelines for the Exchange"
(amended in 1989) (hereinafter referred to as the "London Guidelines"),
the enactment of this provision.
The second area of jurisdiction of the People's Republic of China to engage
in import and export of chemicals must comply with these regulations.
Article 3 applies to the import of chemicals and for the first time included
"China toxic chemicals banned or severely restricted in the directory"
(hereinafter referred to as the "directory") management of the
import and export of chemicals in the environment 。
Food additives, pharmaceuticals, veterinary drugs, cosmetics and radioactive
substances does not apply these rules.
4 of this provision is the meaning of the following terms :
(1) "chemicals" refers to the creation of the nature or from
chemical substances, including chemical substances themselves, from the
preparation of chemicals or chemical mixtures, as well as the use of pesticides
and industrial chemicals substances.
(2) "prohibited chemicals" is a result of damage to health and
the environment are completely prohibit the use of chemicals. Chemicals
or chemical mixtures of materials preparation, as well as the use of pesticides
and industrial chemicals substances.
(3) "severely restricted chemicals" is a result of damage to
health and the environment be banned, but still authorized in some of
the chemicals used in exceptional circumstances.
(4) "toxic chemicals" refers to enter the environment through
environmental reserves, bioaccumulation, biological or chemical transformation
of the health and the environment by means of, or serious harm to the
human body, and through contact with potentially dangerous chemicals.
(5), "the first import of chemicals" refers to foreign agents
or its exports to China had not been registered in the chemical, even
with chemical agents or any other foreign registered in China, is still
regarded as the first chemical imports.
(6) "prior informed consent" is to protect human health and
environmental purposes has been banned or severely restricted chemicals
in international transport, the designated national authorities in the
importing countries agreed to the conditions.
(7) "export" and "import" refers to the People's Republic
of China through customs procedures for the import and export of chemicals
activities, but does not include transit.
Chapter II Supervision and Management
5 of the National Environmental Protection Agency on toxic chemicals and
chemical import and export of goods, the first unified supervision and
management of the environment for the full implementation of the "London
Guidelines," the Prior Informed Consent Procedure, China banned or
severely restricted the release of toxic chemicals directory chemicals
included in the first imports and the "directory" of the import
and export of toxic chemicals of environmental management registration
and approval, the issue of the "chemical products (export) environmental
management registration certificates" and "toxic chemicals into
the (export) orders release of environmental management," first published
imported chemicals Registration Notice.
Customs of the People's Republic of China on the sixth of toxic chemicals
included in the "list" with the National Environmental Protection
Agency issued the import and export of the "toxic chemical products
(export) orders release of environmental management" (see Annex)
watercraft. Ministry of Foreign Trade and Economic Co-operation in accordance
with its mandate in collaboration with the National Environmental Protection
Agency first imports of chemicals and toxic chemicals import and export
information on the application for registration of environmental management
for review and published as "China toxic chemicals banned or severely
restricted in the directory" 。
Article 7 of the National Environmental Protection Agency to establish
national toxic chemicals assessment committee responsible for the import
and export of chemicals to register a comprehensive environmental management
assessment of the implementation of the provisions of the National Environmental
Protection Agency to provide technical services to the advice. State toxic
chemicals by the Vetting Committee environment, health, agriculture, chemical
industry, foreign trade, commodity inspection, customs and other relevant
management personnel and technical experts, each a three-year term.
8th level of the local administrative departments in charge of environmental
protection area in accordance with the provisions of the first imports
of chemicals and environmental supervision and management of the import
and export of toxic chemicals 。
Registration Chapter 3
A foreign agent or its exports to China are not in the business registration
(except outside the pesticide) of any chemicals, the State Environmental
Protection Bureau to the first import of chemicals registered environmental
management applications, and provides fill out the "first imported
chemicals registered environmental management applications," free
test sample (normally no less than 250 grams). China's first foreign sales
to the registration and management of pesticides upon the implementation
of the "pesticide registration requirements", the Ministry of
Agriculture and the State Environmental Protection Agency registration
of a regular exchange of information.
A foreign agent or its exports to China are not in the business registration
(except outside the pesticide) of any chemicals, the State Environmental
Protection Bureau to the first import of chemicals registered environmental
management applications, and provides fill out the "first imported
chemicals registered environmental management applications," free
test sample (normally no less than 250 grams). China's first foreign sales
to the registration and management of pesticides upon the implementation
of the "pesticide registration requirements", the Ministry of
Agriculture and the State Environmental Protection Agency registration
of a regular exchange of information.
11 foreign agents or chemicals exported to China for the first time the
validity of five years of environmental management of chemicals registration,
the registration request to extend the expiration date before the original
expiration date of six months, the applicant must propose replacement
application. Provisional registration is valid for one year, expired before
the granting of official registration confirmation. Exceptionally extension
approved by the registration office, and extend for a period of no more
than one year.
Article 12 of every foreign and domestic agents from foreign imports and
exports to China included in the "list" of industrial chemicals
or pesticides, toxic chemicals are required to import the State Environmental
Protection Agency proposed environmental management application. Allowed
to import to the "chemical products (export) registration certificate"
and the "environmental management of toxic chemicals into the (export)
orders release of environmental management" (hereinafter referred
to as the "Notice"). "Notices" to implement a certification
system for a number of each (orders) in the effective use of time, only
a declaration (see Annex I).
Article 13 of the export of chemicals included in the "list",
the State Environmental Protection Bureau to the export of toxic chemicals
of environmental management application. Applications to the State Environmental
Protection Agency, shall notify the department in charge of the importing
country in the departments of imports of the importing country before
the notification, issued to the applicant to allow the export of toxic
chemicals "chemical products (export) registration certificate of
environmental management". State authorities do not agree to imports
of imported chemicals, no registration, no exports, and notify the applicant.
Article 14 of the National Environmental Protection Agency issued the
"chemical products (export) environmental management certificate"
to the People's Republic of China State Environmental Protection Agency
stamp import and export of chemicals to register and vet Chapter environmental
management. Domestic and imported or exported into the "directory"
of toxic chemicals and for the "chemical products (export) environmental
management registration" green card, foreign or his agent for the
first time to export chemicals and apply for the "chemical products
(export) environmental management certificate" for the pink card,
temporary registration certificate for a white card.
Article 15 "of toxic chemicals into the (export) orders release of
environmental management," the first joint retained by the State
Environmental Protection Bureau, the second joint (original) pay the applicant
for the declaration, the Third People's Republic of China Import and Export
Commodity Inspection Bureau sent together.
Article 16 of the import and export of chemicals for environmental management
review of the registration period from the date of receipt of requests
for information from the registration date of the application for registration
of imported chemicals for the first time in the review period of not more
than 180 days, the inclusion of the "directory" of the import
and export of toxic chemicals registered for the examination period not
exceeding 30 days.
17 of the State Environmental Protection Bureau, the import and export
of chemicals registered for environmental management, the right to raise
questions and request additional information on the applicant. Applications
should be submitted by the State Environmental Protection Bureau for information
and samples conservative technological secrets.
Article 18 of the first imports of environmental management of chemicals
and toxic chemicals registration application forms for registration of
environmental management, environmental management of chemicals import
and export registration and temporary registration certificate, import
and export of toxic chemicals released notes environmental management,
unified produced by the National Environmental Protection Agency.
Chapter IV ports to prevent environmental pollution
Article 19 The import and export of chemicals classification, packaging,
labeling and transportation, in accordance with international or domestic
rules and regulations relating to the transport of dangerous goods 。
20 in the handling, storage and transport of chemical process, we must
take effective preventive and emergency measures to prevent the pollution
of the environment. Is the implementation of the provisions
Article 21 does not meet the requirements for packaging or damage caused
or may cause cross-contamination, the Port authorities should take immediate
measures to prevent and eliminate pollution, and promptly notify the local
environmental protection administration departments for investigation.
Prevent and eliminate the cost of pollution borne by the persons responsible.
Fifth Chapter Three environmental protection administration
departments for investigation. Prevent and eliminate the cost of pollution
borne by the persons responsible.
Violation of the provisions of Article 22, no chemical import and export
of chemicals registered environmental management, administrative punishment
by the Customs under the Customs Rules for the Implementation of the regulations
impose a fine, and ordered the parties go through additional registration
procedures; But not allowed to register on the retroactive application
of the registration shall be ordered to return the goods 。
Article 23 of the import and export of chemical pollution caused by China's
ports, the local administrative departments in charge of environmental
protection will be punished.
Violation of Article 24 of the country's foreign trade and export controls
of chemicals, the administrative department in charge of foreign trade
will be punished according to relevant regulations.
Chapter VI is
Article 25 of the experiment, the first volume of imports also imported
less than 50 kilograms of chemicals exempted from registration (the "China
of toxic chemicals banned or severely restricted list," except for
the chemicals).
26 of the Environmental Management of Chemicals Import and Export Registration
fees are formulated elsewhere.
Article 27 provided by the State Environmental Protection Bureau explained.
Article 28 These regulations will go into effect May 1, 1994.
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