Detailed Rules on
Implementing the Registration of the Chapter I Item 1 The Rules are formulated for implementation of the environmental management registrations on import/export of chemicals stipulated in the Regulations for the Environmental Management on the First Import of Chemicals and the Import and Export of Toxic Chemicals. Item 2 The Rules apply to the environmental management registration on the first import of chemicals and the import/export of toxic chemicals. The Rules cover the environmental management registrations on: 1) export of chemicals included in the List of Toxic Chemicals Banned or Severely Restricted in the People's Republic of China (hereinafter referred to as toxic chemicals,see Chart 1), to China, by foreign business concerns or their agents (hereinafter referred to as foreign companies); 2) export of chemicals excluded from the List of Toxic Chemicals Banned or Severely Restricted in the People's Republic of China, to China, by foreign companies; 3) export of the toxic chemicals by domestic exporters; and 4) import of the toxic chemicals by domestic importers. Item 3 The Chemical Registration Center of the National Environmental Protection Agency of China shall be responsible for accepting applications for the environmental management registration on imports or exports of chemicals. Item 4 For definitions of terms such as chemical,toxic chemical,first import of chemicals,import and export used in the context of the Rules, see Article 4 of the Regulations for the Environmental Management on the First Import of Chemicals and the Import and Export of Toxic Chemicals. Chapter II Item 5 When exporting the toxic chemicals to China, a foreign company shall make the environmental management registration on the import of toxic chemicals for each of the toxic chemicals contained in every contract. When the term of a contract exceeds two years, the valid term of the registration shall be determined by the State Committee for Evaluation of Toxic Chemicals. Item 6 When importing toxic chemicals from abroad, a domestic importer with the registration certificate for the environmental management on the import of toxic chemicals obtained by the foreign company concerned, shall complete procedures for the Clearance Notification of the Environmental Management on the Import/Export of Toxic Chemicals for each of the toxic chemicals in every shipment. Item 7 When exporting toxic chemicals, a domestic exporter shall complete procedures for the Clearance Notification for the Environmental Management on the Import/Export of Toxic Chemicals for each of the toxic chemicals in every shipment. Item 8 When exporting chemicals included in the First Category of Chemicals Subject to the Environmental Management on the First Import of Chemicals (see Chart 2) to China, a foreign company shall make the environmental management registration on the first import of chemicals for each chemical. The registration shall be valid for five years. Item 9 When exporting chemicals included in the Second Category of Chemicals Subject to the Environmental Management on the First Import of Chemicals (see Chart 3) to China, a foreign company shall make the environmental management registration on the first import of chemicals for each chemical. The registration shall be valid for five years. Item 10 When exporting inks, paints, polymers, or pigments of different specifications to China, a foreign company may, after the confirmation by the State Committee for Evaluation of Toxic Chemicals as serial chemical products, make the environmental management registration on the first import of chemicals by product series. The registration shall be valid for five years. Item 11 When exporting products such as additives, surfactant, auxiliary reagents and specialties to China, a foreign company shall, after the confirmation by the State Committee for Evaluation of Toxic Chemicals as fine chemicals, make the environmental management registration on the first import of chemicals for each chemical. The registration shall be valid for five years. Item 12 When exporting chemicals excluded from those prescribed in Item 5 to 11 of the Rules to China, a foreign company shall make the environmental management registration on the first import of chemicals for each chemical. The registration shall be valid for five years. Item 13 Exporting manufactured plastic and rubber products to China shall be exempt from the environmental management registration. Chapter III Item 14 Items listed in Appendix 1 Application Form for the Environmental Management Registration on the Import/Export of Toxic Chemicals (hereinafter referred to as Appendix 1,and Appendix 2 Application Form for the Registration of Environmental Management on the First Import of Chemicals (hereinafter referred to as Appendix 2 shall be the maximum information required for the environmental management registration on the import/export of chemicals. Item 15 When applying for the environmental management registration on the import/export of toxic chemicals, an applicant shall complete all the items in Appendix 1. Item 16 When applying for the environmental management registration on the first import of chemicals, an applicant shall complete Appendix 2. Item 17 Item I, II, V, VI, X and XI in Appendix 2 represent the basic information requirements for an application and shall be completed whenever applying for the environmental management registration on the first import of chemicals. Item 18 Item III, IV and XII in Appendix 2 shall be completed if possible. Item 19 Item VII, VIII and IX in Appendix 2 shall be completed in accordance with the requirements of Appendix 4 Directions for Filling in the Application Forms for Registration of the Environmental Management on the First Import of Chemicals. However, applicants shall be exempt from completing the three items when the Material Safety Data Sheet for a chemical is provided. Item 20 In addition to the information provided in accordance with the aforementioned requirements, the competent authority may, in accordance with a decision of the State Committee for Evaluation of Toxic Chemicals, determine the information provided as insufficient in evaluating the environmental impact of the chemical, and have the right to ask for additional information from the applicant provided that the information demanded is within the context of Appendix 2. Item 21 Without special requirement, an applicant need not provide samples. However, the competent authority have the right to ask for samples from the applicant when necessary. Chapter IV Item 22 When making the environmental management registration on chemicals subject to the provisions of Item 5 of the Rules, a foreign company shall pay a fee of US$10,000, or the equivalent currency in Renminbi (RMB). Item 23 When making the environmental management registration on chemicals subject to the provisions of Item 6 or 7 of the Rules, a domestic importer/exporter shall pay a fee of RMB 2,000 yuan. Item 24 When making the environmental management registration on chemicals subject to with the provisions of Item 8 of the Rules, a foreign company shall pay a fee of US$2,000, or the equivalent currency in RMB. Item 25 When making the environmental management registration on chemicals subject to the provisions of Item 9 of the Rules, a foreign company shall pay a fee of US$1,500, or the equivalent currency in RMB. Item 26 When making the environmental management registration on chemicals subject to the provisions of Item 10 of the Rules, a foreign company shall pay a fee of US$2,000, or the equivalent currency in RMB. Item 27 When making the environmental management registration on chemicals subject to the provisions of Item 11 of the Rules, a foreign company shall pay a fee of US$200, or the equivalent currency in RMB. Item 28 When making the environmental management registration on chemicals subject to the provisions of Item 12 of the Rules, a foreign company shall pay a fee of US$1,000, or the equivalent currency in RMB. Chapter V Item 29 The Chemical Registration Center of NEPA shall be responsible for explaining the Rules. Item 30 The Rules shall come into force on February 16, 1995. [back] |