Regional Enforcement Network in South Asia, North Asia and Southeast Asia /
Info Sheet Basel, Rotterdam and Stockholm Conventions
China
2008 /e
Introduction
The aim of this Country Information Sheet for the Basel, Rotterdam Stockholm Conventions is to facilitate the national and international cooperation on enforcement and allow countries to identify quickly
- relevant national laws, regulations and rules,
- the national institutional enforcement structure,
- the power of different enforcement authorities in enforcement and investigation and
- which agency to contact in specific situations where bilateral information exchange between enforcement agencies is needed.
NATIONAL LAW CONCERNING IMPORT AND EXPORT OF HAZARDOUS CHEMICALS AND WASTE
National regulation concerning import and export of waste covered by the Basel Convention / Date when the regulation entered into force / Website to the regulation / RemarksInterim Provisions for the Administration of Environmental Protection Regarding the Import of Waste Materials / 01 APR 1996 / / Revised in 1999
Supplementary Provision to the Interim Provisions for the Administration of Environmental Protection Regarding the Import of Waste Materials / 01 AUG 1996 / / Revised in 1999
Measures for Administrationof the Examing and Approving the Export of Hazardous Waste / 01 MAR 2008 /
List of Waste Prohibited to Be Imported / 01 MAR 2008 /
List of Waste Used as Raw Materials and Restricted in Import / 01 MAR 2008 /
List of Waste Used as Raw Materials and auto-permitted in Import / 01 MAR 2008 /
National regulation concerning import and export of hazardous chemicals covered by the Rotterdam Convention / Date when the regulation entered into force / Website to the regulation / Remarks
Regulations for Environmental Management on the First Import of Chemicals and the Import and Export of Toxic Chemicals / 01 MAY 1994 / / Revised in 2007
List of Toxic Chemicals Severely Restricted on the Import and Export in China / 01 JAN 2006 / / Revised in 2007
Measures on the Environmental Management of New Chemicals / 15 OCT 2003 /
List of Goods Prohibited to Be Imported / 01 JAN 2006 / / The Sixth Group
List of Goods Prohibited to Be Exported / 01 JAN 2006 / / The Thirth Group
Regulations on the Control of Agriculture Chemicals / 08 MAY 1997 / / Revised in 2001
National regulation concerning import and export of Persistent Organic Pollutants covered by the Rotterdam Convention / Date when the regulation entered into force / Website to the regulation / Remarks
Interim Provisions for the Administration of Environmental Protection Regarding the Import of Waste Materials / 01 APR 1996 / / Revised in 1999
Supplementary Provision to the Interim Provisions for the Administration of Environmental Protection Regarding the Import of Waste Materials / 01 AUG 1996 / / Revised in 1999
Measures for Administrationof the Examing and Approving the Export of Hazardous Waste / 01 MAR 2008 /
Regulations for Environmental Management on the First Import of Chemicals and the Import and Export of Toxic Chemicals / 01 MAY 1994 / / Revised in 2007
List of Toxic Chemicals Severely Restricted on the Import and Export in China / 01 JAN 2006 / / Revised in 2007
List of Goods Prohibited to Be Imported / 01 JAN 2006 / / The Sixth Group
List of Goods Prohibited to Be Exported / 01 JAN 2006 / / The ThirthGroup
Regulations on the Control of Agriculture Chemicals / 08 MAY 1997 / / Revised in 2001
NATIONAL REGULATION ON OFFENCES AND PENALTIES CONCERNING ILLEGAL IMPORT AND EXPORT OF HAZARDOUS CHEMICALS AND WASTE
National regulation on offences and penalties concerning illegal trans-boundary shipment waste covered by the Basel Convention / Date when the regulation entered into force / Website to the regulation / RemarksLaw of the PeoplesRepublic of China on Prevention of Environ mental Pollution Caused by Solid Waste / 01 APR 1996 / / Revised in 2004
Criminal Law of the PeoplesRepublic of China / 01 JAN 1980 / / Sixthly Revised in 2006
Measures for Administrationof the Examing and Approving the Export of Hazardous Waste / 01 MAR 2008 /
National regulation on offences and penalties concerning illegal import and export of hazardous chemicals covered by the Rotterdam Convention / Date when the regulation entered into force / Website to the regulation / Remarks
Measures on the Environmental Management of New Chemicals / 15 OCT 2003 /
Criminal Law of the PeoplesRepublic of China / 01 JAN 1980 / / Sixthly Revised in 2006
The Rules of Administrative Penalties for the Implementation ofthe Customs Law of the PeoplesRepublic of China / 01 JUL 1987 / / Revised in 1993
National regulation on offences and penalties concerning illegal import and export of Persistent Organic Pollutants covered by the Stockholm Convention / Date when the regulation entered into force / Website to the regulation / Remarks
Law of the PeoplesRepublic of China on Prevention of Environ mental Pollution Caused by Solid Waste / 01 APR 1996 / / Revised in 2004
The Rules of Administrative Penalties for the Implementation ofthe Customs Law of the PeoplesRepublic of China / 01 JUL 1987 / / Revised in 1993
Criminal Law of the PeoplesRepublic of China / 01 JAN 1980 / / Sixthly Revised in 2006
PENALTIES
BC= Basel Convention, RC= Rotterdam Convention, SC=Stockholm Convention
Offence / Related to convention(BC/ RC/ SC) / Penalty Units / Minimum -Maximum Fine / Minimum -Maximum
Prison Term
Illegal import of solid waste / BC/SC / Custom / CNY 10000 to 1000000
Illegal transit of solid waste / BC/SC / Custom / CNY 50000 to 500000
Export without Approving the Export of Hazardous Waste / BC/SC / Local Governmental Department in charge of Environmental Protection / Not more than CNY 30000
Violating the regulations of Measures on the Environmental Management of New Chemicals / RC / Local Governmental Department in charge of Environmental Protection / Not more than CNY 30000
Violating the regulation of custom / RC/SC / Custom / Not more than CNY 50000
Violating superintendent of custom and smuggling / BC/RC/SC / Judicial Administrations / Less or more 5 years according to the severe extent
INSTITUTIONAL STRUCTURE OF INVOLVED ORGANISATIONS AND RESPONIBILITIES
NAME OF AUTHORITIES RESPONSIBLE FORGrant permission / Inspection / Criminal Intelligence / Criminal Investigation
Import and export of waste covered by the Basel Convention / Ministry of Environmental Protection / Administration of Quality Supervision, Inspection and Quarantine;
China Customs / Anti-smuggling Bureau / Anti-smuggling Bureau
Transit of waste shipments covered by the Basel Convention / Ministry of Environmental Protection / Administration of Quality Supervision, Inspection and Quarantine;
China Customs / Anti-smuggling Bureau / Anti-smuggling Bureau
Import and export of Industrial Chemicals covered by the Rotterdam Convention / Ministry of Environmental Protection / Administration of Quality Supervision, Inspection and Quarantine;
China Customs / Anti-smuggling Bureau / Anti-smuggling Bureau
Import and export of Pesticides covered by the Rotterdam Convention / Ministry of Agriculture / Administration of Quality Supervision, Inspection and Quarantine;
China Customs / Anti-smuggling Bureau / Anti-smuggling Bureau
Import and export of Persistent Organic Pollutants covered by the Stockholm
Convention / Ministry of Environmental Protection / Administration of Quality Supervision, Inspection and Quarantine;
China Customs / Anti-smuggling Bureau / Anti-smuggling Bureau
POWERS FOR DIFFERENT ENFORCEMENT OFFICERS, INCLUDING ENVIRONMENT INSPECTORS, CUSTOMS, POLICE IN ENFORCEMENT AND INVESTIGATION
BASEL CONVENTION
Legal Power / Environmental Enforcement Authority / Quality Enforcement Authority / Customs / Police / ProsecutorCarry out examine and approving / Ministry of Environmental Protection / No / No / No / No
Carry out inspection / Local Governmental Department in charge of Environmental Protection / Yes / Yes / No / No
Open containers / Local Governmental Department in charge of Environmental Protection / Yes / Yes / No / No
Inspect documents / Local Governmental Department in charge of Environmental Protection / Yes / Yes / No / No
Sampling / No / Yes / No / No / No
Analyses the samples / No / Yes / No / No / No
Detain shipments for closer investigation / No / No / Yes / No / No
Block shipments / No / No / Yes / No / No
Seize goods / No / No / Yes / No / No
Arrest / No / No / No / Yes / No
Administrative measures (withdrawal of permissions, etc) / Ministry of Environmental Protection / No / No / No / No
Decide to re-send an illegal shipment to exporting country / No / No / Yes / No / No
Issue a fine/penalty / Local Governmental Department in charge of Environmental Protection / No / Yes / No / No
Legal proceeding / No / No / No / No / Yes
POWERS FOR DIFFERENT ENFORCEMENT OFFICERS, INCLUDING ENVIRONMENT INSPECTORS, CUSTOMS, POLICE IN ENFORCEMENT AND INVESTIGATION
ROTTERDAM CONVENTION
Legal Power / Environmental Enforcement Authority / Quality Enforcement Authority / Customs / Police / ProsecutorCarry out inspection / Yes, Ministry of Environmental Protection;
Ministry of Agriculture;
Chemical Registration Centre of MEP / Yes / Yes / No / No
Open containers / No / Yes / Yes / No / No
Inspect documents / Yes, Chemical Registration Centre of MEP / Yes / Yes / No / No
Sampling / No / Yes / No / No / No
Analyses the samples / No / Yes / No / No / No
Detain shipments for closer investigation / No / No / Yes / No / No
Block shipments / No / No / Yes / No / No
Seize goods / No / No / Yes / No / No
Arrest / No / No / No / Yes / No
Administrative measures (withdrawal of permissions, etc) / Yes, Ministry of Environmental Protection;
Ministry of Agriculture / No / No / No / No
Issue a fine/penalty / No / No / Yes / No / No
Legal proceeding / No / No / No / No / Yes
POWERS FOR DIFFERENT ENFORCEMENT OFFICERS, INCLUDING ENVIRONMENT INSPECTORS, CUSTOMS, POLICE IN ENFORCEMENT AND INVESTIGATION
STOCKHOLM CONVENTION
Legal Power / Environmental Enforcement Authority / Quality Enforcement Authority / Customs / Police / ProsecutorCarry out inspection / Yes, Ministry of Environmental Protection;
Ministry of Agriculture;
Chemical Registration Centre of MEP / Yes / Yes / No / No
Open containers / No / Yes / Yes / No / No
Inspect documents / Yes, Chemical Registration Centre of MEP / Yes / Yes / No / No
Sampling / No / Yes / No / No / No
Analyses the samples / No / Yes / No / No / No
Detain shipments for closer investigation / No / No / Yes / No / No
Block shipments / No / No / Yes / No / No
Seize goods / No / No / Yes / No / No
Arrest / No / No / No / Yes / No
Administrative measures (withdrawal of permissions etc) / Yes, Ministry of Environmental Protection;
Ministry of Agriculture / No / No / No / No
Issue a fine/penalty / No / No / Yes / No / No
Legal proceeding / No / No / No / No / Yes
COUNTRY CONTACTS
Category / Functions / Contact InformationCompetent Authority for Basel Convention / Governmental authority designated by a Part to be responsible within such geographical area as the Party may think fit, for receiving the notification of a trans boundary movement of hazardous wastes or other wastes, and any information related to it, and for responding to such a notification, as provided in Article 6, Basel Convention / Ministry of Environmental Protection
115 Xizhimennei Nanxiaojie
Beijing 100035
China
phone: (861 0) 66 55 62 56/65 18/62 57
fax: (861 0) 66 55 62 52/65 13
email: or or
Basel Convention Focal Point / The entity of a Party referred to in Article 5 responsible for receiving and submitting information as provided for in Articles 13 and 16, Basel Convention. / Ministry of Environmental Protection
115 Xizhimennei Nanxiaojie
Beijing 100035
China
phone: (861 0) 66 55 62 56/65 18/62 57
fax: (861 0) 66 55 62 52/65 13
email: or or
Supervisory authority for the control of trans-boundary movements of waste covered by the Basel Convention / Responsible for enforcement of trans-boundary waste shipments / General Administration of China Customs
No.6 Jianguomennei Avenue, Dongcheng District, Beijing, China, 100730
Phone: (8610) 65194114
Rotterdam Convention
Chemical Designated National Authority
(C DNA) / Responsible for industrial chemicals / Division of Solid Wastes and Toxic Chemicals Management, Department of Pollution Control
Ministry of Environmental Protection
115 Xizhimennei Nanxiaojie
Beijing 100035
China
phone: (861 0) 66 55 62 56/62 57
fax: (861 0) 66 55 62 52
Rotterdam Convention
Pesticide Designated National Authority
(P DNA) / Responsible for pesticides / Division Chief
Institute for the Control of Agrochemicals (ICAMA)
Ministry of Agriculture
Building No 22, Maizidian Street Chaoyang Dictrict
Beijing 100125
China
Attn: Mr. Ye Guibiao
Phone: +86 10 64 19 42 59
Fax: +86 10 64 19 41 97
E-mail:
Rotterdam Convention
Chemical and Pesticide Designated National Authority (CP DNA) / Responsible for pesticides and industrial chemicals / Deputy Director
Division of Solid Waste and Chemical Management, Department of Pollution Control
Ministry of Environmental Protection
No. 115, Xizhimennei Nanxiaojie
Beijing 100035
China
Attn:Ms. Wenchao Zang
Phone: +86 10 66 55 6258
Fax: +86 10 66 55 62 52
E-mail:
Supervisory authority for the control of import and export of hazardous chemicals covered by the Rotterdam Convention / Responsible for enforcement of import and export of hazardous chemicals covered by the Rotterdam Convention / General Administration of China Customs
No.6 Jianguomennei Avenue, Dongcheng District, Beijing, China, 100730
Phone: (8610) 65194114
Category / Functions / Contact Information
Stockholm Convention National Focal Point / Focal Point for the exchange of information relevant to:
(a) The reduction or elimination of the production, use and release of persistent organic pollutants;
And (b) Alternatives to persistent organic pollutants, including information relating to their risks as well as to their economic and social costs. / Office of the National Coordination Group for Convention Implementation
115 Xizhimennei Nanxiaojie
Beijing 100035
China
Phone: (8610) 8857 7496
Fax: (8610) 8857 7447
Email:
Supervisory Authority for the control of import and export of Persistent Organic Pollutants covered by the Stockholm Convention / Responsible for enforcement of import and export of Persistent Organic Pollutants (POPs) / General Administration of China Customs
No.6 Jianguomennei Avenue, Dongcheng District, Beijing, China, 100730
Phone: (8610) 65194114
Customs National Focal Point / National focal point within the Customs that deals with control related to Multilateral Environmental Agreements (Basel, Stockholm, Rotterdam Convention and the Montreal Protocol) and combating environmental crime.
Interpol National Central Bureau (NCB) / National focal point for international exchange of information via Interpol’s Eco-message that covers all major environmental crime, including illegal trans-national environmental crime. NCB is normally located a national police headquarters. NCBs are the only authority that can send an Eco-message via Interpol’s information channel.
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