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Chapter Law Content

Chapter 4 Transit and Transshipment
Article 19
For the transit or transshipment of hazardous waste through an open port of the Republic of China, exporters from exporting countries shall apply with the competent authority in the Republic of China to export hazardous waste 60 days before the day of export in accordance with the regulations of this Chapter, and may do so only after receiving approval.
Exporters from exporting countries shall fill out an application form and submit the following documents in connection with the application in the foregoing paragraph:
I. An explanation of the source and characteristics of the hazardous waste.
II. Planned itinerary, transit date, open port of transit, open port of transshipment, transshipment date from port, date leaving border.
III. Accident and emergency response plan.
IV. Statement bearing obligation and responsibility for clearance and disposal in the event of refusal of waste or accident
V. Transshipment contract
VI. Plan for returning waste
VII. Proof of financial guarantee or liability insurance required for returning such waste
VIII. Other documents or information designated by the central competent authority
When applying for transit of hazardous waste, applicants may forego attaching the documents listed in Subparagraphs 5 through 7 of the foregoing paragraph.
Article 20
For the transit or transshipment of hazardous waste mentioned in the foregoing article, when the competent authority of the exporting country issues a notification in accordance with the regulations of said country, then those regulations shall be followed.
Article 21
For the transit or transshipment of hazardous waste, the shipping agent shall bear approval documents from the competent authority of the Republic of China on-ship, and 3 days before the ship transporting the hazardous waste reaches the borders of the Republic of China, shall notify the open port management agency of the name of the ship, the voyage number, and the transit and transshipment manifests or the container layout plan, and send a copy to the customs office of the open port.
With the transshipment of hazardous waste as mentioned in the foregoing paragraph, the shipping agent shall obtain the approval of the management agency of the open port when temporarily placing such waste in port zones, and notify the customs office at the open port.
Article 22
After the central competent authority approves the application for transit or transshipment of hazardous waste, the relevant management agency of the open port shall be sent a copy of the approval.
Article 23
The central competent authority may, due to special considerations in the domestic environment, cancel original transit or transshipment approval documents.