To environmental protection bureaus of all provinces, autonomous regions and municipalities, Guangdong Sub-administration of China Customs, Special Commissioner's Office of China Customs in Tianjin and Shanghai, all Customs districts, Entry-exit Inspection and Quarantine,
The list of institutes for identification of solid waste attributes and identification procedures (provisional) is hereby issued for the purpose of implementing the Law of People's Republic of China on Prevention and Control of Pollution by Solid Wastes, strengthening environmental management of solid wastes and regulating identification of solid wastes.
Annex: I. List of institutes for identification of solid wastes
II. Procedures for identification of solid wastes (provisional)
Annex I List of institutes for identification of solid wastes
1. Institute of Pollution Control Technology of Solid Wastes, Chinese Research Academy of Environmental Sciences
Contact: Zhou Bingyan
Add: 8, Dayangfang, Andingmenwai, Beijing
2. Laboratory of China General Administration for Customs
Contact: Liu Chengkai
Add: 10, A Guanghua Rd, Chaoyang Dist., Beijing
3. Laboratory for Inspection and Identification of Renewable Materials, Industrial Products Testing Center, Shenzhen Entrance & Exit Inspection and Quarantine Bureau
Contact: Liang Feng
Fax: 0755- 83886183
Add: 12/F, Inspection and Quarantine Bldg, 1011, Fuqiang Rd., Shenzhen
Annex II Procedures for Identification of Solid Wastes (Provisional)
1. Scope of application
The procedures apply to identification of solid wastes from imports or goods to be imported as well as management of related identification institutes.
The following definitions are used for the procedures:
2.1 Attributes of solid wastes
It refers to the name and category of identified solid wastes which usually include name and properties of general solid wastes or those of hazardous wastes.
2.2 Entrusting party
It refers to any organization or individual who files an application for identification to the identification instates and hands over the samples concerned. Entrusting party may be supervision department and law enforcement department of the Customs, inspection and quarantine departments, environmental protection bureaus, organizations importing or utilizing such substances and other organizations and individuals.
2.3 Identification institutes
Include technical institutes engaged in identification of attributes of imported solid wastes under the joint authorization of competent environmental protection department under the State Council, China General Administration of Customs and General Administration of Quality Supervision, Inspection and Quarantine.
It refers to subject taken from and representative of the properties of the whole package of imports for the purpose of identification.
3. General procedures
3.1 Delivery of samples
(1) Entrusting party may send the sample to identification institutes either directly or by mailing. Identification institutes may send staff to port for on-site sampling under special circumstances.
(2) Samples need to meet the requirement of identification. They must be packed in good condition and those in separate bags should not be mixed or polluted due to packaging defect. Otherwise, samples must be redelivered.
(3) Letter of Entrustment for Identification should be submitted with the delivery indicating the name and origin of samples, reason of entrustment, basic requirement, contact, means of contact and time. Organization seal of the entrusting party is required. For individual entrustment, signature is required.
(4) When delivering samples, the entrusting party must clarify whether the samples are for first-time identification or re-identification.
(5) When identification institutes agree to accept samples, entrusting party should pay service fee.
3.2 Acceptance of samples
(1) Identification institutes will not accept samples from the same origin for identification by different institutes in principle.
(2) Identification institutes should have special staff in charge of sample acceptance. When samples are accepted, they should be registered and relevant materials should be kept including origin of samples, amount of imports, entrusting party, deliverer and date of acceptance. When samples are delivered directly to the institute, the deliverer should confirm the registration by signature.
(3) Entrustment will not be accepted when the samples supposedly fail to meet the requirement of identification.
(4) When samples are accepted, the identification institute should notify the entrusting party or the deliverer of the time needed for identification and take care of the samples and related materials such as letter of entrustment.
(5) In case of refusal, identification institute should explain the reason; when service fee is charged, identification institute should provide a receipt.
(6) If accepted samples cannot be identified, the identifying institute should inform the entrusting party or deliverer within 10 working days, give reasons and return the service fees.
3.3 Experiment and comprehensive analysis
(1) When samples are accepted, the identification institutes should get prepared for identification including search for materials, deciding on experiment scheme, making preparations for experiment, contacting experiment organization and related experts.
(2) Related materials need to be searched according to information on the samples provided by the entrusting party and superficial characteristics of samples which may include processing techniques home and abroad, properties of product, origin or generation of byproduct or wastes, related national standard, industrial standard, methodology standard, product manual, properties of wastes and relevant documents of waste.
(3) The preliminary experiment scheme will be determined according to the name and characteristics of samples and related information found. The scheme design needs to conform to entrusting party’s requirement and samples'characteristics and take account of properties of products and solid wastes.
(4) Identification institutes should make use of their own conditions to conduct experiment and analysis and try to complete the task by themselves. Such institutes should be equipped with necessary laboratory, instruments and personnel and be certified with experiment qualifications. Related personnel should receive professional training.
(5) When the identification institutes are not capable of carrying out experiment, they can entrust the samples to special laboratory and analysis and testing institutes, but those qualified to serve clients should be the first option. If above conditions are hard to meet, professional research institutes are also acceptable for sample analysis.
(6) While identifying samples, experts from related fields could be consulted and opinions provided with their signatures when necessary.
(7) Supplementary experiment and analysis may be conducted when necessary.
(1) Comprehensive analysis should be conducted according to documents consulted, experiment data, results or phenomena and expert opinion. Judgment will be made on the attribute of samples in accordance with principles and procedures set out in Guidelines for Identification of Solid Wastes (on trial).
(2) In principle, it should be identified whether the samples belong to solid wastes.
(3) If entrusting party wants to know whether the sample falls into the category of wastes prohibited from import or restricted from import, identification institutes should identify the attribute of imported wastes, its composition or content of components.
3.5 Preparation of report
(1) An Identification Report on the Attribute of Solid Wastes from Import should be prepared. The basic requirements are provided in the Annex.
(2) The identification report should include serial number of report, name of identification institute, person in charge, finish time, signature of drafter, signature of auditor and organization seal. Rules for report serial number are provided in the Annex.
(3) The judgment is only held liable for samples.
(1) When the report is finished, identification institutes should notify the entrusting party or deliverer as soon as possible.
(2) The report with organization seal on it should be handed over to the entrusting party or authorized representative. Identification institutes should keep a backup report on record.
(3) When the identification experiment is finished, identification institutes should keep the remaining sample for at least 12 months.
(1) For goods from the same batch of imports of the same origin, identification institutes will not, in principle, accept the entrustment for re-identification if the entrusting party is not satisfied with the result and demands re-identification.
(2) If the entrusting party insists on re-identification, it can entrust samples to other identification institutes within 30 days upon the completion of the first identification. The service fee for re-identification should be borne by the entrusting party.
5. Supervision and management
(1) If different identification institutes drew opposite conclusions on samples from the same batch of imports of the same origin, or their judgments divide widely, the entrusting party may request the competent environmental protection department under the State Council to work with other departments concerned to hold an expert meeting for judgment. Service fees should be paid by the entrusting party.
(2) Identification institutes must follow the guidance and supervision of their highest superior and competent environmental protection department under the State Council.
(3) Identification institutes shall submit work report of the past year to its highest superior and the competent environmental protection department under the State Council before mid February every year which may include number of identification reports, types and origin of samples identified as solid wastes and weight of the imports.
Annex: Basic requirements on drafting Identification Report on the Attribute Solid Wastes from Import
Annex: Basic requirements on drafting Identification Report on the Attribute Solid Wastes from Import
Origin of samples and purpose of identification.
Methodology or basis of experiment, related data, results and phenomena.
3. Comprehensive analysis and judgment
Analyze arguments, adopted materials and origin and make judgment on the attributes of samples in accordance with the principles and procedures of Guidelines for Identification of Solid Wastes (on trial).
Conclusions should be concise, identifying the attributes of imports and solid wastes and determine the property of imported wastes according to the requirement of entrusting party.
Letter of entrustment, experiment report on commission and expert opinion, etc.
6. Rules on numbering reports
The identification reports are number with 10 codes. The first four represent the year, the fifth to eighth are serial number for identification and the last two stand for identification institutes. Codes for identification institutes like HB refer to institutes from environmental protection system, HG indicates Customs system and ZJ is shorted for inspection system.
For instance, a report numbered 20080001HB means this is report No. 1 prepared in 2008 by an identification institute from environmental protection system; 20080001HG, No. 1 report produced by the institute from Customs system in 2008 and 20080001ZJ, No. 1 report written by an identification institute from inspection system.
(This English version is for your reference only.In case any discrepancy exists between the Chinese and English context, the Chinese version shall prevail.)