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An Expert's View about Trade Policy and Regulations in China

Posted on: 29 Jun 2012

rules on exporting recycled waste materials to China-aqsiq certificate and CCIC

General Administration of Quality Supervision, Inspection and Quarantine publishes Detailed Implementing Rules on the Administration of the Entering to Register for the Overseas Suppliers of Imported Solid Wastes as Raw Materials, the proclamation No.98 issued by General Administration of Quality Supervision, Inspection and Quarantine in 2009 Detailed Implementing Rules on the Administration of the Entering to Register for Overseas Suppliers of Imported Solid Wastes as Raw Materials Chapter I General Provisions Article 1 According to Regulations for the Implementation of the Law on Import and Export Commodity Inspection, Measures for the Supervision and Administration of Inspection & Quarantine of Imported Solid Wastes as Raw Materials (Order No.119 of General Administration of Quality Supervision, Inspection and Quarantine), the detailed rules is developed to strengthen and standardize the entering to register and supervision and administration for the overseas supplier of the imported solid wastes as raw materials (hereinafter referred to as " waste materials "). Article 2 The detailed rules apply to the entering to register and the supervision and administration for the overseas suppliers of imported waste raw materials. The administration of the entering to register for the overseas suppliers includes the acceptance, evaluation, approval, changes, continuation, day-to-day supervision and management issues of the registration and so on. Article 3 General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as “AQSIQ " ) is overall responsible for the entering to register and application for overseas suppliers of the admissibility, evaluation, approval, changes, continuation, day-to-day supervision and management issues of the registration and so on. Article 4 The PRC implements the registration system for overseas suppliers of imported wastes as raw materials. Before the signing of the foreign trade contract, the overseas supplier shall obtain the registration of AQSIQ. Article 5 Overseas suppliers, applying for registration, shall meet the following conditions: (Ⅰ) Have the legal business qualification in the country (or at the region); (Ⅱ) Have a fixed office space; (Ⅲ) Be familiar with and abide by the PRC's inspection and quarantine, environmental protection laws and rules and regulations; (Ⅳ) Obtain the certification of ISO9001 quality management system, RIOS system and so on; (Ⅴ) The enterprise should ensure that their products comply with its application for the registration of types of waste materials adapted to the mandatory requirements of the national technical specification of the safety, health and environmental protection in China ; (VI) With relatively stable sources of supply, have control measures on environmental quality for the sources of supply; (Ⅶ)Within the past three years, serious issues on safety, health, environmental quality didn't occur; ( Ⅷ) Have the capability of applying for registration and declaration of pre-shipment inspection on the Internet, have the radiation detection equipment and other appropriate infrastructure and testing capacity. Chapter Ⅱ Acceptance, Review, Approval Article 6 The entering to register for overseas suppliers shall provide the following materials : (Ⅰ) Registration application form ( see Annex 1) generated and printed from Electronic Monitoring System for Inspection and Quarantine of Imported Waste Raw Materials; (Ⅱ) Tax registration documents upon notarization, and business registration documents, if any, should also be provided upon notarization. (Ⅲ) Introductions of organizations, departments and job responsibilities (Ⅳ) Plane chart of fixed place of business with clear sizes, and plane chart of processing site, if any, as well as the true and complete video documents of the above sites or over 3 photos completely displaying the above sites (Ⅴ) The color copy of authentication certificate of ISO 9001 Quality Management System or RIOS System and relevant work instruction documents. Text materials submitted shall be in Chinese or in the bilingual version between Chinese and foreign languages. Article 7 The overseas supplier of entering to register must get through the Internet login “The Electronic Monitoring System of Inspection and Quarantine for Imported Solid Wastes as Raw Materials" to summit the registration application. Within 30 days, when the electronic application is successful, the full set of written application materials should be submitted to AQSIQ. When the electronic submission for registration application is successful, the applicant can get the password to understand the evaluation work progress of the registration application, and apply for relevant pre-shipment inspection and quarantine, and understand the state of port inspection and quarantine supervision, after obtain the registration qualification. Article 8 AQSIQ makes the decision to accept the registration application or not, in five working days, from receiving the registration application of written materials. (І)Upon examination, while the application materials are complete and comply with the legal format, the notification of acceptance for the entering to register for overseas suppliers of imported solid wastes as raw materials shall be issued (see appendix 2, hereinafter referred to as "acceptance notice") (Ⅱ) Upon examination, the application materials are incomplete or do not accord with the legal format, all of the content of needing to be supplemented shall be told to the applicant, on the spot or within 5 working days, and "the notification of material supplement for the entering to register for overseas suppliers of imported solid wastes as raw materials" shall be issued (see appendix 3). Fails to inform shall be deemed to accept it, from the date of receiving the application materials. (Ⅲ)After the applicant supplements material, upon examination, material are complete and comply with the legal format, the notification of acceptance shall be issued; material is still not complete or do not conform to the legal form, it will be considered as a waiver application, the notification of not acceptance for entering to register for overseas suppliers of imported solid wasters as raw materials shall be issued. (see appendix 4). Article 9 AQSIQ composites of the expert review group, and implements the written evacuation, within 10 working days, from accepting the entering to register for overseas suppliers. The time needed for expert evaluation doesn't count. The review group implements the written evacuations on the application materials submitted by overseas suppliers, and audit the materials item by item, according to the review records for entering to register for overseas suppliers of imported solid wastes as raw materials (see appendix 5) requirement. The review group shall make an appraisal conclusion after the evaluation work, and submit a review report to AQSIQ. Article 10 AQSIQ makes the decision for whether granting registration or not within 10 working days after receiving the review report. For reviewed and qualified overseas suppliers, AQSIQ shall grant registration and issue “the registration certificate of entering to register for overseas suppliers of imported solid wastes as raw materials “(see appendix 6, hereinafter referred to as "registration certificate"). For reviewed but unqualified ones, AQSIQ shall reject for registration and issue the notification of not granting registration for overseas suppliers of imported solid wastes as raw materials (see appendix 7), issue a written explanation, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative litigation rights. Article 11 The registration certificate for overseas suppliers of importing waste as raw materials is valid for three years. Article 12 AQSIQ has the right to supervise and audit to the review group work, according some conditions. Chapter Ⅲ Change, Reapplication and Continuation Article 13 When the registration content of overseas suppliers changes, overseas supplier shall submit electronic application to AQSIQ, in accordance with the provisions of the first paragraph of article 7 of the detailed rules, and submit the relevant written materials: (І) If name or the legal representative changes, materials, formulated on the first and second paragraph of the article 6 of the detailed rule, shall be submitted; (Ⅱ) If address changes, materials, formulated on the first, second and fourth paragraph of the article 6 of the detailed rule, shall be submitted; (Ⅲ) If organization, or quality system produces major changes, the illustration of the correlative alteration and the corresponding working instruction documents shall be submitted. Article 14 Overseas supplier increase new types of registered waste materials, materials, relevant to the new types and relevant to the first and five paragraph of the article 6 of the detailed rules, shall be submitted to AQSIQ. Article 15 AQSIQ makes the decision about the granting of change registration within 20 working days from receiving the application for change registration of overseas supplier. Article 16 In case of changes in both overseas supplier's name and legal representative, the registration application shall be put forward to AQSIQ again. Article 17 Overseas suppliers need to continue the validity of registration, the continuation application shall be proposed to AQSIQ, before the expiration of registration certificate in the 90 days. Article 18 The overseas suppliers, who apply for continuation of validity of registration shall obey to the first paragraph of the article 7 of the detailed rules apply to submit electronic application, and submit the following written materials: (І) Formulated materials as the first, second and fourth paragraph of this article 6; (Ⅱ) The photocopy of original registration certificate; (Ⅲ) Submit the inspection certificate of waste materials pre-shipment, and / or customs clearance copy of inspection and quarantine of imported waste materials, year to year, according to kinds of the registered waste materials (each year, all kinds, at least one copy). Article 19 AQSIQ make a decision for whether granting continuation registration or not within 90 days from receiving the application for continuation registration. Article 20 In case overseas suppliers do not submit continuation application in time, the registration qualification is deemed to be automatic lost after the expiration of the validity. The IV Chapter Supervision and Management Article 21 The overseas supplier shall guarantee to meet the registration requirements, and carry out supplier activities in accordance with the registration scope. Article 22 AQSIQ may implement on-site inspection, validation, and other forms of supervision and management to overseas suppliers if needed, including: (І) Check the corrective situation of quality management system for warned overseas suppliers; (Ⅱ) Implement occasional follow-up on-site supervision and inspection to overseas suppliers, according to "on-site examination records of entering to register for overseas suppliers of the imported solid wastes as raw materials"(see appendix 8). Article 23 AQSIQ implements classification management and dynamic evaluation over overseas suppliers according to the quality and operation conditions of quality system as well as the integrity level. Article 24 AQSIQ releases Class A warning and relocates its registration qualification, if one of following cases happens to the registered and qualified overseas suppliers: (І) Provide false immigration documents; (Ⅱ) Transfer the registration certificate or registration number to other enterprises to use; (Ⅲ) Fraud acts exists during the export of waste materials; (Ⅳ) The export of waste, raw materials, environmental protection projects is a serious failure or there is a serious epidemic risk during it; (Ⅴ)During Class B warning period, the similar Class B warning situation reoccurs; (Ⅵ)Not comply to return; (Ⅶ) Transport the unqualified waste materials, which have been returned, to arrive in mainland in China; (Ⅷ) Not accept the supervision and management or found to not meet the provisions of Article 8 of Measures for the Supervision and Administration of Inspection & Quarantine of Imported Solid Wastes as Raw Materials (Order No.119 of General Administration of Quality Supervision, Inspection and Quarantine) during the follow-up on - site supervision and inspection. Article 25 AQSIQ release Class B warning, and inspection and quarantine institutions implement a 90 - day full inspection to its output waste materials, if one of following cases happens to the registered and qualified overseas suppliers: (І) Within one year, goods or environmental projects fails to meet the requires more than three batches (including 3 batches); (Ⅱ) Fail in quarantine inspection and have greater epidemic risk; (Ⅲ) Regain registration, after being revoked in accordance with the provisions of Article 24; (Ⅳ) The quality control system exists defects, which is found when on-site inspection. Article 26 The overseas suppliers conceal relevant information or provide false documents to apply for registration, AQSIQ shall not accept or reject or not grant the registration. The overseas suppliers will not be allowed to re-apply for the registration. Overseas suppliers obtain registration by means of fraud act, bribery and others improper, AQSIQ shall punish them. The overseas suppliers will not be allowed to re-apply for registration within 3-year. Chapter V Supplementary Provisions Article 27 The meaning of the following items in the detailed rules: The imported solid wastes as raw materials, means, solid wastes in the list of Catalogue of Solid Wastes as Raw Materials Restricted to Import and Catelogue of Imported Solid Wastes as Raw Materials with Automatic Licensing, and that could be used as raw materials which are approved to import by national environmental protection departments, referred to as the import of waste materials. Full inspection refers to implement dig box or floor inspection to each container, each car, each wagon, for the waste materials in shipment by containers, car or train; for the bulk wastes as raw materials, it refers to implement floor inspection to each compartment. Article 28 The acceptance, review and approval procedures of change and continuation registration application implement mutatis mutandis the procedures of the Ⅱchapter. Article 29 The entering to register for overseas suppliers of imported wastes as raw materials in Hong Kong, Macao and Taiwan regions, the procedures comply with the detailed rules. Article 30 If there is no specification, the term “days" in the detailed rules, means calendar days. Article 31 AQSIQ shall be responsible for the interpretation of the detailed rules. Article 32 The Detailed Rules shall enter into force on November 1, 2009. 田小姐(Miss.Theodora) E-mail: li@aqsiqservice.com msn: aqsiqexpert@hotmail.com skype: aqsiqexpert QQ: 1762348683 Tel: 010-6558 3702 M.Phone: 135 2111 7126
Posted: 29 June 2012

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