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Chapter Law Content

Chapter 3 Export
Article 11
A waste source enterprise, a Grade A waste clearance organization that produces hazardous waste shall apply with the special municipality, county, or city competent authority for the export of such waste. After being referred to the central competent authority and receiving the approval thereof, the special municipality, county, or city competent authority shall issue permit documents before such waste may be processed through customs and exported.
Applicants shall submit the following documents in connection with the application in the foregoing paragraph:
I. Cargo export letter of consent application form.
II. Documentation approving the import of hazardous waste submitted by the competent authority of the receiving country or verification documents for imports not subject to controls.
III. Verification documents for company or commercial registration of the disposal organization authorized by the government of the receiving country and relevant permit documents for waste disposal or pollution control.
IV. Verification documents for company or commercial registration of the applying exporter, verification documents for factory registration, operations license for medical organizations, permits for Grade A waste clearance organizations.
V. Descriptive information of the source and the confirmation of the characteristics of the waste.
VI. A waste return acceptance guarantee from the commissioned clearance and disposal enterprise.
VII. A document specifying the main components of waste, and a hazardous contents analysis report or a toxic substance leaching test report issued within one year by an environmental analysis laboratory approved by central competent authority. If the name and category of the intended export waste can be clearly identified from its appearance and state, and its nature is stable, the requirement for test report shall be exempted.
VIII. Statement of transport process from the Republic of China to the receiving country, and the waste clearance methods used by the disposal organization of the receiving country.
IX. A transport contract and reshipment import plan if the items must be reshipped for import for some reason.
X. When the reshipment of imports is required for some reason, proof of financial guarantee or liability insurance are needed for disposal and transport expenses.
XI. Emergency response and pollution control measures to be taken during shipment and reshipment of imports.
XII. Contract documents for agreement on disposal of waste as determined by exporter submitting application and disposal organization of the receiving country.
XIII. A report concerning disposal ability and operating status from personnel sent by the applicant to visit the disposal plant (site) in the receiving country in person during the most recent five years, and an affidavit guaranteeing that report content is truthful.
XIV. Affidavit (See Appendix 1).
XV. 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 intend to apply for more than ten categories shall apply for a separate case.
Article 12
A waste source enterprise or a waste clearance organization that produces general waste shall apply with the special municipality, county, or city competent authority for the export of such waste. After receiving approval and permit documents, such waste may be processed through customs and then exported.
Applicants shall submit the following documents in connection with the application in the foregoing paragraph:
I. Cargo export letter of consent application form.
II. Approval documents from the government of the receiving country for the import of general industrial waste or documents that verify such waste is not subject to controls.
III. Verification documents for company or commercial registration of applying exporter, verification documents for factory registration, operations license for medical organizations, or permits for waste clearance organizations.
IV. A document specifying main components of waste. If the name and category of the intended export waste can be clearly identified from its appearance and state, and its nature is stable, the requirement for test report shall be exempted.
V. Documents listed in Subparagraphs 3, 5, 6, 8 through 12, 14, and 15, 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 intends to apply for more than ten categories shall apply for a separate case.
Article 13
The application in the foregoing two articles shall be limited to applications for export to a single receiving country and a single disposal organization in that country. Separate applications shall be submitted if it is desired to apply for export to two or more receiving countries or disposal organizations.
A waste export license application shall constitute a first-time application when any one of the following circumstances applies:
I. The applicant has never previously obtained export permit documents.
II. The applicant has previously obtained export permit documents, but this is the first time the applicant has applied for the export waste type or receiving country or disposal organization in question.
The export quantity is limited to 300 tons for each individual application case specified in previous paragraph. If the application meets at least one of the following requirements and approved by central competent authority, the limitation is exempted:
I. Transported and exported to a country in the Organization for Economic Co-operation and Development using a dedicated ship.
II. Exports to a country that has signed a bilateral agreement on waste with the Republic of China.
After the completion of disposal in the foreign the country, the export application in Paragraph 2 shall be reported online pursuant to regulations. When reapplying for export, a written report of proper disposal during the first export shall be attached.
The content of proper disposal report specified in previous paragraph shall include basic information of the applicant and the disposer, and the type, the usage, the flow destination, the disposal method, photos and related supporting information of recycled products or derivative waste after disposal.
Article 14
The competent authority may not issue permit documents to waste export applicants when one of the following situations applies:
I. A government of the receiving country has sent notification in the past indicating that the applicant has failed to properly dispose of exported waste.
II. The applicant has been apprehended for illegally exporting 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. The applicant's export permit document has been revoked during the most recent two years.
IV. The holder has lent export permit documents to another party.
V. The applicant has exported waste that be reshipped for import but has failed to do so.
VI. Other circumstances officially announced by the competent authority.
Article 15
Permit documents for export or transfer of shipment 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 exporter.
IV. Name and address of statutory responsible person.
V. Receiving country and disposal organization.
VI. Quantity permitted for export or transfer of shipment.
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 export 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 export permit may be shortened:
I. The period of validity of the import permission document issued by the receiving country is shorter.
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 reshipped for import for some reason is shorter.
III. The period of any contracts among the documents to be submitted is shorter.
IV. The competent authority requires a shortened permission period due to management requirements.
Article 16
After receiving permission to transport exported waste within and outside the borders of the Republic of China, the exporter and the disposal organization in the receiving country shall report the export, acceptance, and disposal of the waste via online transmission pursuant to Subparagraph 2, Paragraph 1, Article 31 of this Act.
Article 17
When waste permitted for export in accordance with these Regulations is refused by the government of the receiving country, the original exporter shall apply to the special municipality, county, or city competent authority for an issuance of reshipment import permit documents and send a copy of the report to the central competent authority within 7 days from the day of notification from the government of said country or the competent authority in the Republic of China. Reshipment of imports to be conducted according to the attached reshipment import plan in the original application form may not be refused by the relevant organizations. However, the original exporter, if able to obtain documents from a third country that agrees to accept such waste for disposal and has the ability to properly dispose of such waste, may, after receiving approval and the relevant permit documents from the special municipality, county, or city competent authority, transfer the shipment to that third country for disposal. The exporter shall complete the transfer by the deadline approved by the said authority; the prior consent of the central competent authority is required in the case of hazardous waste.
Applicants shall submit the following documents in connection with the application for the reshipment of imports in the foregoing paragraph:
I. Application form of cargo import letter of consent.
II. Notification of refusing the waste from the government of receiving country.
III. A copy of the export goods declaration form for customs clearance.
IV. Reshipment import plan.
V. Other documents designated by the competent authority.
Applicants shall fill out an application form for a transfer of shipment and submit the following documents in relation to the application in Paragraph 1:
I. Documents of notification from the government of the receiving country refusing the waste.
II. Original export permit documents issued by the competent authority and original copy of the export goods declaration form for customs clearance.
III. Import approval documents or agreements verifying import of the waste is not issued by the competent authority of the third country, and written agreements from a disposal organization authorized by the government of the third country agreeing to dispose of the waste.
IV. Explanation of the exported waste and disposal liability of the Republic of China with regards to the relevant pollutant characteristics of the waste, and an analytical test report on its components.
V. Statement of disposal methods from the disposal organization of the third country.
VI.Statement of packaging, transport, and disposal methods in the transfer-of- shipment process.
VII. Other documents designated by the competent authority.
The deadline for the reshipment of import or transshipment of waste in Paragraph 1 may not exceed 90 days.
Article 18
When exported waste that has failed to comply with these Regulations has been refused by the receiving country, besides being fined by the relevant organizations pursuant to this Act, the original exporter, or waste clearance organizations and waste disposal organizations entrusted by the original exporter shall, within 7 days from receiving notification from the government of the receiving country or the competent authority of the Republic of China, apply for the issuance of reshipment of imports with the special municipality, county, or city competent authority. The original exporter shall complete the reshipment of imports within the approved deadline given by the special municipality, county, or city competent authority, and said imports may not be refused by relevant organizations. However, the original exporter or those entrusted by the original exporter, if able to obtain documents from a third country that agrees to accept such waste for disposal and has the ability to properly dispose of such waste, may, after receiving approval and the relevant permit documents from the special municipality, county, or city competent authority, transfer the shipment to that third country for disposal. The exporter shall complete the transfer by the deadline approved by the said authority; in those circumstances in which hazardous waste is reshipped, the consent of the central competent authority is required.
Applicants shall submit the following documents in connection with the application for reshipment of import mentioned in the foregoing paragraph:
I. Application form for cargo import letter of consent.
II. Documents of notification from the government of the receiving country refusing the waste.
III. Original copy of export goods declaration form for customs clearance.
IV. The plan of import reshipment shall include the method of transport, expected date of reshipment, the port of reshipment, the reshipment destination, and detailed information on storage, clearance, and disposal methods of waste. The reshipment destination is restricted to the enterprise producing the waste or the waste disposal organization.
V. Descriptive information on waste generation source and characteristics of waste. The competent authority may decide if an analytical test report on the waste or the contents of contaminated material is required.
VI. If the applicant is not the original exporter, the applicant shall submit the waste disposal organization permit and the commissioning contract.
VII. Other documents designated by the competent authority.
For the application for the transfer of shipment in Paragraph 1, applicants shall fill out the application form and submit the following documents:
I. Documents of notification from the government of the receiving country refusing the waste.
II. Import approval documents or non-regulated import agreements of the waste is issued by the competent authority of the third country, and written agreements from a disposal organization authorized by the government of the third country agreeing to dispose of the waste.
III. Descriptive information of the waste source and the confirmation of the characteristics of the waste. When necessary, the competent authority may require an analytical test report on the components of the waste or the contaminated material.
IV. Statement of disposal methods from the disposal organization of the third country.
V. Statement of packaging, transport, and disposal methods in the transfer-of- shipment process.
VI. If the applicant is not the original exporter, the applicant shall submit the waste clearance organization permit and the commissioning contract.
VII. Other documents designated by the competent authority.
The deadline for reshipment of imports or transfer of shipment in Paragraph 1 may not exceed 90 days.
Article 18-1
When exported waste that has failed to comply with these Regulations has been seized by the Customs, besides being fined by the relevant organizations pursuant to this Act, the original exporter shall provide the waste clearance location or clearance plan, and after receiving approval from the special municipality, county, or city competent authority, the shutting out and removing the waste from the warehouse shall be processed pursuant to Customs Regulations.
The processing of waste in the foregoing paragraph is limited to be removed and transported to the waste source enterprise, the waste disposal organization or waste clearance organization entrusted by the original exporter of said waste, and shall be disposed of or exported after receiving permission pursuant to this Act.