国办发(1995)54号
(November 7, 1995)
颁布日期:19951107 实施日期:19951107 颁布单位:国务院办公厅
In recent years, some countries and regions, out of their own interests, have been transferring pollution by exporting large quantities of waste by various means and channels. In order to protect the environment, the Party Central Committee and the State Council have repeatedly warned that it is forbidden to consider China as a storehouse where foreign waste may be dumped or piled. In spite of this ban, some units, in pursuit of profit, have illegally imported harmful waste from abroad and have thus seriously jeopardized1 the environment of China and impaired2 the health of the Chinese people. Therefore, firm measures shall be adopted to stop such actions. A circular is hereby issued on the basis of the decision of the State Council:
1. The protection of the environment is one of the basic state polices of the Chinese government. Governments at all levels and relevant departments shall attach great importance to this policy, firmly implement3 the instructions of the Party Central Committee and the State Council, strictly4 enforce the law, strengthen practical administration over the import of foreign waste, and forbid China to be considered as a storehouse where harmful waste may be dumped or piled.
2. Practical administration concerning the import of foreign waste shall be strengthened. The import of foreign waste shall be administered in two categories: first, waste that is forbidden to be imported; and second, waste that can be used as a raw material but the import of which shall be under strict control.
(1) For waste that is forbidden to be imported, no unit or individual shall be permitted to engage in the import or other business activities involving such waste. All departments concerned shall strictly check on and resolutely5 forbid the import of such waste.
(2) Imports of waste that can be used as a raw material but the import of which is under strict control shall be examined and approved exclusively by the State Bureau of Environmental Protection; no other department or local people's government shall have this authority. The State Bureau of Environmental Protection shall make strict inspections7. The departments in charge and the industrial and commercial administrations shall not permit the enterprises concerned to deal in such imports or go through the registration8 formalities without documents approved by the State Bureau of Environmental Protection. Customs shall not permit such imports without approved documents.
(3) For waste that can be used as a raw material but the import of which is under strict control, The State Commodity Inspection6 Institution shall include it in the directory of commodities requiring mandatory9 inspection and shall conduct mandatory inspections. The State Administration for the Inspection of Import and Export Commodities shall, in conjunction with the State Bureau of Environmental Protection, work out the standards for mandatory inspection as soon as possible (before the standards for inspection are issued and implemented10, the commodity inspection departments shall strengthen their examinations and shall, in the event any problem is found, without delay notify and transfer the case to the environmental protection departments and customs for disposal)。
The provisional directory for the classification administration over the import of waste shall be worked out and issued immediately by the State Bureau of Environmental Protection in conjunction with the Ministry12 of Foreign Economic Relations and Trade and the General Administration of Customs.
3. For countries or regions that illegally transfer waste to China, the departments concerned under the State Council shall act in close coordination13 and make full use of domestic and international laws and regulations to solemnly negotiate with said countries or regions in order to stop their actions and demand the immediate11 transport of the waste back to the place of origin.
4. Units and individuals that illegally import waste shall be severely14 punished in accordance with the respective duties of customs and the departments of environmental protection, industry and commerce, foreign economic relations and trade, and commodity inspection; those cases which constitute crimes shall be transferred to judicial15 organs and prosecuted16 for any criminal liability. Organs and concerned personnel that illegally approve and permit the import of waste shall be subject to serious investigation17 and handling.
5. Units and individuals that evade18 taxes or gain export refunds19 by cheating, once discovered, shall be severely punished in conformity20 with legal provisions.
6. Enterprises that have been engaged in importing, dealing21 in, or using foreign waste shall be immediately cleaned up and rectified22. Units that have been illegally engaged in importing, dealing in, or using foreign waste that has been prohibited to be imported shall be firmly banned by the industrial and commercial administrations; units that have been engaged in importing, dealing in, or using waste that can be used as a raw material but the import of which shall be under strict control shall retroactively go through the formalities of inspection and approval with the State Bureau of Environmental Protection before the end of 1995; those who do not complete the formalities by the deadline shall be forbidden by customs to import waste, shall be deprived of the authority to import by the department of foreign economic cooperation and trade, and shall have their business licenses23 revoked24 by the industrial and commercial administration.
7. The State Bureau of Environmental Protection shall take the lead in organizing an allied25 investigative group with participation26 of the departments concerned in order to strictly investigate and handle the illegal import of waste and punish the law-breakers in conformity with legal provisions. Vigorous propaganda and education shall be conducted, powerful public opinion shall be aroused, and all social strength shall be relied on for supervision27.
8. The State Bureau of Environmental Protection shall, in conjunction with the Ministry of Foreign Economic Cooperation and Trade and the General Office of Customs, work out, issue, and implement as soon as possible specific managerial methods for the import of waste.