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Chapter Law Content

Chapter 2 Import
Article 4
A Grade A waste disposal organization or an organization that has obtained a recycling permit from the central industry competent authority shall first apply to the special municipality, county, or city competent authority for the import of hazardous waste. After being referred to the central competent authority and receiving approval thereof, the special municipality, county, or city competent authority shall issue permit documents before such waste may be loaded on ship and imported from the exporting country.
Applicants shall submit the following documents in connection with the application in the foregoing paragraph:
I. Cargo import letter of consent application form.
II. 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 permits for Grade A waste disposal organizations, verification documents for recycling organizations, and the verification documents of the factory registration for the enterprise.
IV. Descriptive information of the source and the confirmation of the characteristics of the waste.
V. A waste test report issued within one year by an environmental analysis
laboratory approved by government of exporting country. If the name and category of the intended import waste can be clearly identified from its appearance and state, and its nature is stable, the requirement for test report shall be exempted. The waste test report shall include the following documents:
A. An analytical test report stating the main components.
B. An analytical test report stating the hazardous components or a toxic substance leaching quantity test report.
VI. Expected batch-by-batch waste shipment and import dates, domestic transport routes, and description of storage disposal site and disposal methods.
VII. Emergency response and pollution control measures to be taken in the domestic transport process.
VIII. A transport contract and return export plan if the items must be returned for some reason.
IX. Proof of financial guarantee or liability insurance for transport and disposal expenses when waste is returned to an overseas exporter or authorization of disposal is needed.
X. Affidavit (See Appendix 1).
XI. Other documents designated by the competent authority.
The number of categories of waste allowed in the application case of Paragraph 1 shall not exceed ten categories, and those who intends to apply for more than ten categories shall apply for a separate case.
Article 5
A waste disposal organization or an organization that has obtained a recycling permit from the central industry competent authority shall first submit an application to the special municipality, county, or city competent authority application for the import of general industrial waste. Such waste may be imported only after receiving approval and the relevant permit documents.
The import of general industrial waste mentioned in the foregoing paragraph produced from ship bodies or the loading and unloading of port goods shall not be subject to these regulations.
Applicants shall submit the following documents in connection with the application prescribed in Paragraph 1:
I. Cargo import letter of consent application form.
II. Verification permits for waste disposal organizations, verification documents for recycling organizations, and the verification documents of the factory registration for the enterprise.
III. A test report analyzing main components of waste issued within three years by an environmental analysis laboratory certified by government of exporting country. If the name and category of the intended import waste can be clearly identified from its appearance and state, and its nature is stable, the requirement for test report shall be exempted.
IV. Documents listed in Subparagraphs 4 and 6 through 11, Paragraph 2 of the foregoing article.
The number of categories of waste allowed in the application case of Paragraph 1 shall not exceed ten categories, and those who intend to apply for more than ten categories shall apply for a separate case.
Article 6
When a party has applied to import waste, the competent authority may not issue permit documents when one of the following situations apply.
I. In those circumstances in the past in which severe threats to human health or the environment have occurred during the process of recycling, clearance and disposal when the applicant imported waste.
II. In those circumstances in which the applicant has been apprehended for illegally importing general industrial waste on five or more occasions, hazardous mixed hardware waste on three or more occasions, or other hazardous waste on one occasion within the most recent five years.
III. In those circumstances in which the applicant's import permit documents have been revoked within the most recent two years.
IV. In those circumstances in which the applicant has lent its import permit documents to another party.
V. In those circumstances in which the applicant has willfully transferred imported waste to other parties without having received the consent of the competent authority.
VI. In those circumstances in the past in which the applicant has not yet returned imported waste that has been refused.
VII. Other circumstances officially announced by the competent authority.
Article 7
Import permit documents issued in accordance with these Regulations shall record the following items:
I. Permit document number.
II. Waste name and code.
III. Name and address of importer.
IV. Name and address of statutory responsible person.
V. Exporting nation and exporter.
VI. Permitted import quantity.
VII. Date of permit document issuance and period of validity.
VIII.Other items designated by the central competent authority.
If the items in Subparagraph 3 or 4 of the foregoing paragraph change, the permit-holder shall apply for change of registration within 30 days after the occurrence of the change. If any of the other recorded items change, the permit holder shall reapply for permit documents in accordance with these Regulations.
The term of import permit shall be one year in the case of first-time applicants, and three years in the case of reapplicants in Paragraph 1, with exceptions specified below whereof the term of import permit may be shortened:
I. The period of validity of the export permission document issued by the exporting country is insufficient.
II. The liability guarantee period as stated by the financial guarantee or liability insurance covering the expense of transport and disposal when waste must be returned or disposed of under commission for some reason is insufficient.
III. The period of any contracts among the documents to be submitted is insufficient.
IV. The competent authority requires a shortened permission period due to management requirements.
Article 8
Three days before permitted imported waste reaches an open port of the Republic of China, the importer shall report in writing or online the open port of import, the date of arrival, and the expected date of delivery, method of transport, waste name, quantity, and storage and disposal sites to the special municipality, county, or city competent authority for storage and disposal facility sites. Upon receiving a report of waste to be imported, the special municipality, county, or city competent authority shall immediately carry out relevant control procedures.
Article 9
For the transport of permitted imported waste within the borders of the Republic of China, the importer shall perform online reporting of the status of waste import pursuant to Subparagraph 2, Paragraph 1, Article 31 of this Act.
After processing of the imported waste is completed, the importer shall notify the special municipality, county, or city competent authority for storage and disposal sites, send a copy of the notification to the central competent authority, and notify the competent authority of the exporting country in accordance with the original export regulations and methods of the said country.
Article 10
When there is a failure to apply for a permit in accordance with these Regulations or an unauthorized import of hazardous waste or general industrial waste, or when waste that been approved for import has reached an open port of the Republic of China, but for some reason cannot be imported or has not been claimed, the recipient, holder of the cargo, or the carrier shall re-export such waste within 30 days of receiving notification.
When the waste in the foregoing paragraph has not been released from customs clearance, the customs authority shall provide notification to return the waste within a prescribed period. When the waste has been released from customs clearance, the special municipality, county, city competent authority of the location where the waste was received shall provide notification to return the waste within a prescribed period.