From June 1st onwards, such third party inspection bodies will implement the record management.
Date：2018-06-01 Hits：2699
On May 29, I learned from the website of the General Administration of Customs that, in accordance with the Regulations on the Supervision and Administration of Inspection and Quarantine of Imported Solid Wastes Used as Raw Materials, the General Administration of Customs formulated the Rules for the Implementation of the Supervision and Administration of Pre-shipment Inspection and Supervision of Imported Solid Wastes Used as Raw Materials (hereinafter referred to as “ Implementation Rules &rdquo); which will be implemented
According to the Implementation Rules, the General Administration of Customs is responsible for the supervision and management of pre-shipment inspection, the record-keeping management of pre-shipment inspection institutions, and the supervision and management of their activities in accordance with the law. The General Administration of customs does not designate inspection institutions to conduct pre shipment inspection of imported waste materials. At the same time, the General Administration of Customs administers the pre-shipment inspection agencies of imported waste materials for archival purposes. Before engaging in the pre-shipment inspection of waste materials, the third-party inspection agencies shall submit applications to the General Administration of Customs for archival purposes.
The Implementing Rules emphasize that pre-shipment inspection agencies and their related agencies cannot apply for or apply for registration of suppliers, nor can they engage in the production and operation of waste materials.
The following is the full text of the rules:
General Administration of Customs Announcement No. 48 of 2018 (Announcement on Implementing Rules for the Supervision and Administration of Pre-shipment Inspection of Imported Solid Wastes Used as Raw Materials)
Notice No. 2018 [48]
In accordance with the Regulations on the Supervision and Administration of Inspection and Quarantine of Imported Solid Wastes Used as Raw Materials, the General Administration of Customs has formulated Rules for the Implementation of the Supervision and Administration of Pre-shipment Inspection of Imported Solid Wastes Used as Raw Materials, which will be implemented as of June 1, 2018.
Notice hereby.
Customs head office
May 28, 2018
Implementation details of pre shipment inspection supervision and management of solid wastes imported as raw materials
Chapter I General Provisions
Article 1 In order to strengthen and standardize the supervision and administration of imported solid wastes (hereinafter referred to as & ldquo; waste raw materials & rdquo); pre-shipment inspection and pre-shipment inspection agencies, the Administration of Inspection and Quarantine of Imported Solid Wastes Used as Raw Materials shall, in accordance with the Regulations of the People's Republic of China on the Implementation of the Import and Export Commodity Inspection Law and the Regulations on the The rules are formulated.
Article 2 These Rules shall apply to the pre-shipment inspection activities of imported waste materials, the archival management of pre-shipment inspection institutions, and the related supervision and management work.
Article 3 The General Administration of Customs is responsible for the supervision and management of pre-shipment inspection, the record-keeping management of pre-shipment inspection institutions, and the supervision and management of their activities in accordance with the law.
Fourth the General Administration of customs does not designate inspection institutions to conduct pre shipment inspection of imported waste materials.
Fifth the General Administration of Customs implements archival management of imported waste materials pre shipment inspection institutions. Before engaging in the pre-shipment inspection of waste materials, the third-party inspection institution shall submit a filing application to the General Administration of Customs.
Sixth the General Administration of Customs carries out risk early warning and quick response management for pre shipment inspection institutions.
Article 7 Pre-shipment inspection institutions shall abide by relevant laws and regulations of China and relevant provisions of the General Administration of Customs, independently and impartially carry out pre-shipment inspection of imported waste materials as third parties, and shall be responsible for the authenticity and accuracy of the pre-shipment inspection certificates issued by them.
Article 8 Pre-shipment inspection institutions and their affiliated institutions shall not apply for or apply for registration of suppliers on their behalf, nor shall they engage in the production and operation of waste materials.
The second chapter is pre shipment inspection.
Article 9 Pre-shipment inspection refers to the inspection, supervision and sealing of imported waste materials before they are transported to China, in accordance with other mandatory requirements of Chinese laws and regulations, national environmental protection control standards and national technical norms, as well as pre-shipment inspection regulations, etc. The act of issuing a pre shipment inspection certificate.
Article 10 Pre-shipment inspection institutions shall carry out pre-shipment inspection at overseas loading or delivery sites of imported waste materials in accordance with the mandatory requirements of China's national environmental protection control standards, relevant technical specifications and pre-shipment inspection regulations.
Article 11 According to the quality risk characteristics and management requirements of pre-shipment inspection, pre-shipment inspection institutions shall carry out pre-shipment inspection activities in the countries or regions where they are legally registered.
Article 12 Pre-shipment inspection institutions shall have the scale, number of inspectors and inspection facilities and equipment appropriate to their pre-shipment inspection activities, so as to ensure that the waste materials inspected by them conform to other mandatory requirements of Chinese laws and regulations, national environmental protection control standards and national technical norms.
Article 13 The pre-shipment inspection institutions shall set up key posts such as inspection and authorized signature, maintain mutual independence, formulate professional background conditions for their posts, continue to receive professional training and education, and ensure that inspectors and authorized signatories are familiar with Chinese laws and regulations related to waste materials and national environmental protection. Control standards and other mandatory requirements of national technical specifications, as well as relevant management regulations.
Article 14 Pre-shipment inspection institutions shall, in accordance with the provisions of Article 10 of these Rules, formulate pre-shipment inspection procedures or operational instructions suitable for their own conditions, and standardize pre-shipment inspection activities on the spot.
Article 15 Pre-shipment inspection institutions shall, on the basis of their own inspection capabilities, implement complete inspection, supervision and sealing procedures and take full responsibility for the quality of their work, and shall not entrust other institutions, organizations or personnel to implement them.
Article 16 A pre-shipment inspection institution shall record the pre-shipment inspection activities in a proper manner, truthfully, completely and retrospectively, and properly store and keep the original records of inspection for at least five years.
The third chapter is record management.
The seventeenth pre shipment inspection institutions shall file the record with the General Administration of Customs in advance and submit the following materials:
(1) application for archival filing (see Annex 1);
(two) the qualification certificate of the third party inspection institution legally registered in the country where the notarization is registered;
(3) Certificate materials for the right of use of fixed office sites and inspection sites; the plan of office sites and business sites, which can fully display the actual scene of the above-mentioned places, video or more than five photos;
(four) ISO/IEC17020 system certification certificate color copy and related quality management system documents;
(five) types of waste materials for pre shipment inspection;
(six) the pre shipment inspection certificate authorizes the signatory information and the signature style;
(seven) articles of association.
The submitted application materials should be in Chinese or in Chinese and English.
Article 18 After the filing applicant has prepared the application materials, he shall submit the complete set of materials to the General Administration of Customs, whichever written application materials are received by the General Administration of Customs.
Nineteenth, after receiving the written application for archival filing, the General Administration of Customs shall handle separately:
(1) If the filing application materials are incomplete or do not meet the requirements, the filing applicant shall be informed of all the contents that need to be corrected on the spot or within five working days, and the filing applicant shall be required to complete the corrections within 30 days;
(2) If the filing application materials are complete and meet the requirements, or if the filing applicant's supplementary materials are complete and meet the prescribed requirements after examination, they shall be accepted;
(three) if the overdue correction is not made, the record shall be terminated.
(4) Those who fail to complete and correct all the application materials for archival filing or whose application materials for archival filing still do not meet the requirements shall not be accepted.
Article 20 The General Administration of Customs shall, within 10 working days from the date of accepting the application for filing by the pre-shipment inspection agency, form a group of experts to examine the qualifications of applicants, the completeness and conformity of the application materials in accordance with the requirements of the Record Checking Form of the Pre-shipment Inspection Agency for Importing Solid Waste as Raw Materials (see Annex 2).
The expert group should make an audit conclusion after the completion of the audit work and submit an audit report to the General Administration of customs.
Article 21 The General Administration of Customs shall, within 10 working days from the date of receipt of the audit report, make an opinion on whether to agree to the filing. If they pass the examination, they agree to put on record and issue the Record Certificate of the Inspection Institution for Importing Solid Waste Used as Raw Material before Shipping (see Annex 3); if they fail to pass the examination, they shall not be put on record.
Article 22 The General Administration of Customs shall, within 20 working days from the date of accepting the application for filing, give its consent or disapproval of filing. The audit time of the expert group is not included, but the time required for the audit of the expert group shall be notified in writing to the applicant for filing.
Twenty-third the General Administration of Customs shall timely disclose the information of the pre shipment inspection institutions that have been put on record.
If the contact telephone, fax or e-mail of the inspection organ before shipment changes, it shall promptly inform the General Administration of Customs.
Article 24 If a pre-shipment inspection institution intends to increase the types of waste materials for pre-shipment inspection, or if the name of the institution, business registration address, legal representative, investor or or ownership has changed, it shall apply to the General Administration of Customs for re-filing within 30 days after the change.
The process of applying for re filing shall be carried out in accordance with the seventeenth provision of this chapter.
Article 25 The General Administration of Customs may revoke the record of the pre-shipment inspection organ by providing false materials and concealing relevant information.
The pre shipment inspection institution that has been withdrawn from the record shall not apply for registration within 3 years.
The fourth chapter is supervision and management.
Article 26 The General Administration of Customs shall, in accordance with its duties, supervise and administer pre-shipment inspection institutions and their work of shipment inspection in the form of on-site inspection, verification and tracking of the environmental protection quality of goods.
If the pre shipment inspection institution does not accept or do not cooperate with the supervision and management, the Customs General Administration may cancel its record.
Article 27 The General Administration of Customs may arrange supervision and inspection at any time as necessary when the following circumstances arise (but are not limited to) in the pre-shipment inspection institutions:
(1) when filing requirements or institutional records are changed;
(two) it is necessary to verify the investigation of complaints or other circumstances.
(three) risk warning measures implemented by the General Administration of customs;
(four) finding the quality of pre shipment inspection work;
(five) failing to submit annual reports in accordance with the regulations or concealing the relevant information in the annual reports;
(six) when the General Administration of customs considers it necessary to conduct special inspections.
The way of supervision and inspection can be on-site inspection or other ways, such as written investigation, document review, etc.
Article 28 When conducting on-site inspection, inspectors may take measures such as witnessing on-site, collecting samples, consulting or duplicating relevant materials. The institutions being inspected should faithfully reflect the situation and provide the necessary materials. The inspectors shall keep confidential the technical secrets and business secrets of the institutions being inspected.
Article 29 Pre-shipment inspection institutions shall actively cooperate with the preparations for on-site inspection and assist inspectors in handling relevant entry and exit procedures.
Where the General Administration of Customs decides to conduct supervision and inspection by means of document examination, the inspected organ shall submit the relevant explanatory materials and certification documents with problems to the General Administration of Customs within 10 days after receiving the notification.
Article 30 Inspectors shall carry out on-site inspections in accordance with the on-site inspection record sheet of inspection institutions for importing solid waste which can be used as raw materials before shipment (see Annex 4). The authenticity, validity and conformity of the following aspects should be checked.
(1) filing information files submitted to the General Administration of customs;
(two) institutional measures to ensure the independence and impartiality of pre shipment inspection activities;
(three) the operation of the quality management system;
(4) On-the-spot witnessing the ability of the inspected institutions to carry out inspections in accordance with the mandatory requirements of the national technical specifications for environmental protection and solid waste management of China and the relevant provisions of the General Administration of Customs on pre-shipment inspection of imported waste raw materials.
Article 31 For non-conformities found in on-site inspections, the inspected institutions shall promptly implement corrections and, if necessary, put forward preventive measures, which shall be completed within two months. The inspection team should verify the effectiveness of corrective and preventive measures. If the site is verified again, the inspection institution should cooperate with it.
After the verification of corrective and preventive measures is completed, the inspectors gather the final inspection results and opinions and form on-site inspection reports for submission to the General Administration of Customs.
Article 32 The General Administration of Customs shall examine the on-site inspection report or the explanatory materials submitted by the pre-shipment inspection organ, and, if necessary, request the inspection organ to submit additional evidence.
The on-site inspection reports and explanatory materials can be used as the basis for the General Administration of Customs to determine or adjust the management categories of institutions and to withdraw the records.
Article 33 Where imported waste raw materials subject to pre-shipment inspection carried out by pre-shipment inspection agencies are found to be inconsistent with cargo certificates or environmental protection items in the port arrival inspection, the pre-shipment inspection authorities shall report to the General Administration of Customs the pre-shipment inspection of relevant batches of waste raw materials within 15 days after receiving the notice from the General Administration of Customs. The situation and provide the image and written materials for recording the inspection process and so on.
Article 34 In the inspection and supervision of imported waste materials, the General Administration of Customs or local Customs may issue a warning notice and decide not to approve the pre-shipment inspection certificate issued by the inspection organs before shipment, but the maximum time is not more than three years:
(1) The pre-shipment inspection certificate issued is in violation of Article 33 of the Regulations on Supervision and Administration of Inspection and Quarantine of Imported Solid Wastes Used as Raw Materials;
(2) The pre-shipment inspection institution violates the provisions of Articles 35, 46 and 59 of the Regulations on the Supervision and Administration of Inspection and Quarantine of Imported Solid Wastes Used as Raw Materials.
Article 35 A pre-shipment inspection institution shall submit a report on the work of the previous year to the General Administration of Customs within the first month of each year (see Annex 5). The contents of the report include the current situation and management of the organization, the implementation of pre-shipment inspection business, the unqualified situation found in the inspection, the complaints reported and investigated, and other situations that need to be reported.
Fifth chapter supplementary provisions
Article 36 If there is no specific reference, the term "ldquo; day & rdquo" in these Rules refers to working days, excluding statutory holidays; & ldquo; day & rdquo; is a natural day, including statutory holidays.
The thirty-seventh general rules are interpreted by the General Administration of customs.
The thirty-eighth detailed rules come into effect on June 1, 2018.
