- The current PRC Law on the Prevention and Control of Environmental Pollution by Solid Wastes prohibits the import, dumping and disposal of solid wastes.
- A new revision to the PRC Law on the Prevention and Control of Environmental Pollution by Solid Wastes (new Revision), becomes effective on 1 September 2020.
- The revision imposes joint and several liability on both the carrier and importer for the return and disposal of the solid waste where the solid waste is prohibited.
- The new Revision also imposes significantly increased fines for violations of the law.
People’s Republic of China revised its Law on the Prevention and Control of Environmental Pollution by Solid Wastes (previously revised in 2015) which comes into effect on September 1 2020, reports Gard.
Ban on solid wastes
Accordingly, the current PRC Law on the Prevention and Control of Environmental Pollution by Solid Wastes (previously revised in 2015) prohibits the import, dumping and disposal of both solid wastes, unless subject to a specific import license, and hazardous wastes.
Those solid and hazardous waste products that are currently prohibited from import and those that are subject to an import license are listed in respective catalogues published by competent departments of the PRC. The applicable licensing regime has been in effect in the PRC since 1 August 2011.
New revisions
The solid wastes that are prohibited from import, dumping and disposal in the PRC and/or are subject to import licensing are set out in catalogues of solid waste products as published and adjusted by the competent departments under the State Council of the PRC in 2017 and 2018. They are annexed to this circular as follows:
- Annex I – Catalogue of Solid Wastes Prohibited from Importation into the PRC and that cannot be imported,
- Annex II – Catalogue of Solid Wastes that can be used as raw materials under Import Restrictions and that can be imported with an Import License of the PRC for Restricted Solid Wastes that Can be Used as Raw Materials, but will be prohibited from import from 1 January 2021,
- Annex III – Catalogue of Solid Wastes that can be used as raw materials and that are not under Import Restrictions. Such solid wastes can also be imported with a license but will be prohibited from import from 1 January 2021. The difference from the solid wastes listed in the Catalogue in Annex II is that the importer of Annex III solid wastes should obtain an Import License of the PRC for Unrestricted Solid Wastes that Can be Used as Raw Materials,
- Annex IV – Catalogue of Hazardous Wastes that are already, and will continue to be, prohibited from importation into the PRC.
Now, the revision imposes joint and several liability on both the carrier and importer for the return and disposal of the solid waste where the solid waste is prohibited and/or proper license has not been obtained, and significantly increases the fines that can be imposed for violations.
The solid wastes that are prohibited from import, dumping and disposal in the PRC and/or are subject to import licensing are set out in catalogues of solid waste products as published and adjusted by the competent departments under the State Council of the PRC in 2017 and 2018.
- Moreover, it is highlighted that the new Revision imposes significantly increased fines for violations of the law.
- Where a carrier transports a prohibited solid waste to be imported into, or transits a hazardous waste through, the territory of the PRC, the new Revision prescribes that a fine may be imposed on the carrier and the importer under the new law of between RMB 500,000 (US$71, 000) and RMB 5 million (US$710, 000)
- This is in addition to an order from Customs authorities to return the solid wastes to the place of export.
To learn more about the revised document, click here.
Did you subscribe to our daily newsletter?
It’s Free! Click here to Subscribe!
Source: GARD
