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Chapter 1 General Principles
Article 1
These Regulations are determined pursuant to Paragraphs 3 and 5, Article 38 of
the Waste Disposal Act (herein referred to as this Act).
Article 2
Terms used in these regulations are defined as follows:
I. Import means the act of importing waste into the Republic of China from
another country, but does not include transshipment.
II. Export means the act of exporting waste from the Republic of China to
another country that has been declared to the customs authority or cleared
thereby.
III. Transit means the shipment of waste from another country via transport
vehicle to a third country and that the transport vehicle when passing through an
open port of the Republic of China does not unload its cargo and that said cargo
is carried by the same transport vehicle out of the territory of the Republic of
China.
IV. Transshipment means the shipment of waste from another country via
transport vehicle to a third country and that the transport vehicle when passing
through an open port of the Republic of China must unload its cargo and that
said cargo is transferred to another transport vehicle that leaves the territory of
the Republic of China by way of the same port.
V. Hazardous waste means hazardous industrial waste, harmful waste regulated
by the Basel Convention, and other waste legally recognized by the exporting,
receiving, or transit country as hazardous waste.
Article 3
Waste may be imported, exported, transited, or transshipped after applying for
and receiving a permit pursuant to these Regulations. However, the import of
waste types officially announced by the central competent authority pursuant to
Paragraph 4, Article 38 of this Act shall be prohibited.
The waste name shall be truthfully declared on customs forms in accordance with
the types as stipulated by the central competent authority when implementing
cargo import and export clearance procedures for the import and export of waste.
Bonded warehouses, bonded factories, and enterprises in logistics centers, export
processing zones, science parks, agricultural technology parks, and free trade
ports shall import (including for storage) and export waste as prescribed in
Paragraph 1. However, these regulations are not applicable to the transport of
waste between domestic taxation zones or bonded areas when no import or
export has occurred.
The import or export of general garbage from industrial, non-industrial and
domestic sources and their incinerated ash is prohibited.
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.
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.
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.
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.
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