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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 Tranference 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. |