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Chapter 5 Supplementary Provisions
Article 24
When importing or exporting waste in accordance with these Regulations, transportation between storage areas used by enterprises or importers and exporters and ports, container yards, or airports shall be conducted by the importer or exporter on the basis of the following methods:
I. Transport using vehicles owned by the importer or exporter.
II. Transport by leasing vehicles from a legal carrier.
III. Transport by a commissioned waste clearance organization.
Those that choose Subparagraph 2 in the foregoing paragraph shall, when submitting an application, attach copies of relevant licenses from said legal carrier and state the license plate numbers of vehicles for possible use, and shall dispatch personnel for supervision and management during transportation of waste.
Article 25
The format of all relevant document formats and review procedures designated in these Regulations shall be determined by the central competent authority.
Article 26
The central and local competent authority shall each respectively have a period of 20 working days for review of waste permits in these Regulations. However, these periods may be extended by 15 working days when necessary.
The central and local competent authority may seek clarification by the following methods if it has questions during review or there is need for supervision and management in accordance with these Regulations:
I. Invite experts to a meeting for discussion.
II. Request written or on-site verification from relevant national competent authorities or importers/exporters.
The review period determined in Paragraph 1 shall not include the following periods:
I. Period during which applicant is making corrections.
II. Period during which verification is requested from relevant national competent authorities or importers/exporters.
III. Other periods not attributable to the competent authority that may be subtracted.
Article 27
When a relevant application form must be submitted pursuant to these Regulations, the competent authority may reject the application if one-half or more of the documents contain errors or omit information. If errors and omissions are found in less than one-half of the documents, the competent authority shall notify the applicant to make corrections within a limited period; if the applicant fails to make corrections, or if an item still contains errors or omissions after two corrections, the competent authority may accordingly reject the application.
The correction deadline in the foregoing paragraph may not exceed 30 days; in special circumstances, an applicant may submit a written request for an extension of the correction deadline by no more than 30 days.
Article 28
In those circumstances in which attached documents designated in these Regulations are from foreign countries, notarization shall be obtained from a notary agency or organization in the local country, and certification obtained from a Republic of China foreign embassy, consulate, or representative office, or other organization authorized by the Ministry of Foreign Affairs. If attached documents are in a foreign language, a Chinese translation certified by a Republic of China foreign embassy, consulate, or representative office, or other organization authorized by the Ministry of Foreign Affairs, or a domestic notary public shall be attached.
The notarized content of a document from a foreign country in the foregoing paragraph shall be divided into two categories:
I. Private documents: the notary public or organization shall notarize and certify the authenticity of these documents.
II. Public documents: the notary public or notary organization shall notarize and certify the authenticity of these public documents. If a notary public or notary organization in a local country has difficulties conducting the relevant verification, the concerned party may submit a sworn affidavit concerning the authenticity of the document, and obtain notarization of the affidavit by a notary public.
When foreign documents in Paragraph 1 have already been sent to the central competent authority in the Republic of China at the time consent documents are issued by the receiving or exporting country, notarization (certification) shall not be required within the effective period of such documents.
Article 29
Those having applied for and received permission in accordance with these Regulations shall perform waste import or export in accordance with the content of its approved application and permit document, and may not engage in any unauthorized matters.
In those circumstances in which a public or private waste clearance organization, after having received an export permit, adds a new commissioned enterprise for the permitted waste type to be expected, within the scope of 30% of the originally permitted export quantity, the applicant shall attach clearance and disposal contract documents and a waste return acceptance guarantee from the enterprise in application to the special municipality, county, or city competent authority for inclusion of the additional amount of exports within the amount on the originally-approved permit document; permission must be obtained before export may take place.
Article 30
The competent authority may revoke any originally-issued import, export, reshipment of import, or transshipment permit documents if it ascertains that such documents have been obtained through application using falsified documents.
The falsified documents in the foregoing paragraph refer to the documents required in application for the permit documents in the foregoing paragraph, necessary notarization or certification documents or seals, and Chinese translations deviating from the original meaning of the foreign document in question.
Article 31
The competent authority may cancel or revoke an issued import or export permit document when any of the following situations applies:
I. The holder has lent the permit document to another party.
II. The imported or exported cargo are not consistent with the content listed in the permit document.
III. The import, export, storage, or disposal of waste was not handled in accordance with the contents of the application form, thereby causing pollution to the environment.
IV. Where work or business is suspended as punishment.
V. The permit for waste clearance, disposal, or cleaning of the organizations is revoked or canceled.
VI. The laws and regulations of the receiving or exporting country have changed so as to render an originally approved importing or exporting enterprise or waste type ineligible for import or export.
VII. Other regulations designated by the competent authority.
Article 32
The special municipality, county, or city competent authority issuing the permit documents shall clarify any questions occurring during customs clearance concerning waste for which import or export permit documents have been applied for in accordance with these Regulations.
The central competent authority shall make determinations when there are doubts concerning the category of waste for customs clearance of cargo as a result of failure to process the import or export permit application procedure in accordance with these Regulations.
Article 33
Permits for the import, export, transit, and transshipment of waste between the Taiwan and Mainland China regions may be handled according to these Regulations when appropriate.
Article 34
The transport methods of applicants that have received permission for import, export, transit or transshipment in accordance with these Regulations shall comply with international conventions, and all packaging and labeling shall comply with international shipping management regulations.
Article 35
Regarding those countries that have signed bilateral, multilateral, or regional agreements with the Republic of China in accordance with the Basel Convention, the import and export of waste by both parties shall be conducted preferentially in accordance with the contents of the bilateral, multilateral, or regional agreement.
Any matters not prescribed in such a bilateral, multilateral, or regional agreement shall be handled in accordance with these Regulations.
Article 36
The import, export, transit, transshipment, and the selection of air transport of waste may be conducted according to these Regulations.
Article 37
An application shall be made to the special municipality, county, or city competent authority using the special case method for a permit by the enterprise, waste disposal organization, equipment manufacturers, academic institutions, or research institutions when those engaging in studies or research and development in academic or technical fields have the necessity of importing or exporting industrial waste samples. For those cases of hazardous industrial waste, one shall first receive permission from the central competent authority.
The following documents shall be submitted in connection with the import application in the foregoing paragraph:
I. Cargo import letter of consent application form.
II. For hazardous waste, documentation approving the export of hazardous waste submitted by the competent authority of the exporting country or verification documents on exports not subject to controls.
III. Verification documents of the factory registration for the enterprise, verification permits for waste disposal organizations, verification documents for commercial registration, accreditation certificate for academic groups, and legal registration certificate.
IV. Descriptive information of the source and the confirmation of the characteristics of the waste. When necessary, the competent authority may require an analytical test report on the waste.
V. Transportation process from the exporting country to the Republic of China.
VI. Description of the disposal methods of the domestic organizations.
VII. Import plan for the special case of waste:
A. The purpose of study or research and development.
B. Special reason for having to apply for the special case.
C. Description of study or research and development methods.
D. The final disposal method and flow of the waste and derivative waste after the study or research and development.
E. Documents of the cooperation contract.
VIII. Affidavit (See Appendix 1).
IX. Other documents designated by the central competent authority.
The following documents shall be submitted in connection with the export application in Paragraph 1:
I. Cargo export letter of consent application form.
II. For hazardous waste, consent documentation approving the import of hazardous waste submitted by the competent authority of the receiving country or verification documents on imports not subject to controls.
III. Verification documents for company or commercial registration or the filing proof of the receiver.
IV. Descriptive information of the source and the confirmation of the characteristics of the waste. When necessary, the competent authority may require an analytical test report on the waste.
V. Transportation process from the Republic of China to the receiving country.
VI. Description of the disposal methods of the organizations in the receiving country.
VII. Export plan for the special case of waste:
A. The purpose of study or research and development.
B. Special reason for having to apply for the special case.
C. Description of study or research and development methods.
D. The final disposal method and flow of the waste and derivative waste after the study or research and development.
VIII.Affidavit (See Appendix 1).
IX.Other documents designated by the central competent authority.
Article 38
(Deleted)
Article 39
These Regulations shall take effect on the date of promulgation.