|
Regulation on Strengthening Control Over Shipment of Import Wastes
(Promulgated by Decree No.5 of the Ministry of Communications on August 19, 1996)
Article 1
These regulation are formulated according to
"Basel Convention for Control over Transit and Transference of Harmful wastes,
1989" that China join in and "Maritime Law of the People's Republic of
China", "Law of the People's Republic of China on Prevention of Environment
Pollution by Solid Wastes" as well as other relevant laws and international
navigation practices, with a view to strengthening control over transportation of import
wastes, coordinating with relative departments of the State to prevent harmful wastes from
illegally entering into our country and polluting the environment.
Article 2
The carriers that handle shipment of foreign
trade commodities must strictly abide by relevant laws, regulations and rules and cannot
ship wastes prohibited to import by our country.
Article 3
The carriers that ship wastes permitted to
import may accept booking space on condition that the consignor, shipper or their agents
meet with the following requirements.
1. submitting certificate of approval for import wastes issued by the
State Administration for Environmental Protection;
2. submitting pre-shipment inspection certificate for import wastes
issued by the commodity inspection authorities or inspection agencies designated and
accredited by the State Administration of Commodity Inspection;
3. providing duplicate of the original trade contract or its number, or
the written confirmation of the consignee;
4. providing detailed name and address of the consignee.
Article 4
The carriers should issue named bill of
lading, but not order bill of lading.
Article 5
In case the consignee, on arrival at the
port of destination, fails to pick up import wastes within the specified time-limit, they
shall be disposed of in accordance with relevant laws and regulations. the consignee shall
bear any responsibilities and charge hereby arise.
Article 6
In case wastes imported to our country as
specified are not in conformity with the import standard, the consignee should return the
goods according to law and shall bear any responsibilities and charges hereby arise.
Article 7
The carriers that undertake transportation
without obeying the aforesaid regulations shall bear any responsibilities and be
responsible to return the shipment.
Article 8
Each port should actively coordinate with
relevant departments and adopt effective measures to prevent harmful materials from
entering.
Article 9
These regulations shall be subject to the
explanation of the Ministry of Communications.
Article 10
These regulations shall go into effect on
August 20, 1996.
|