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Announcement on Issuing the List of Toxic Chemicals Strictly Restricted in China (2020): 2020-01-02, number of hits: 1784
Release time:
2020-01-02 09:03
Announcement of the Ministry of Ecology and Environment of the People's Republic of China on the People's Republic of China of the Ministry of Commerce on the People's Republic of China of the General Administration of Customs
Announcement No. 60 of 2019
Announcement on Issuing the List of Toxic Chemicals Strictly Restricted in China (2020)
In accordance with the Decision of the Standing Committee of the National People's Congress on Ratifying the Stockholm Convention on Persistent Organic Pollutants (adopted at the 10th meeting of the Standing Committee of the Tenth National People's Congress on June 25, 2004), the Standing Committee of the National People's Congress on Approving the Amendment to the Stockholm Convention on Persistent Organic Pollutants and the Amendment to the Stockholm Convention on Persistent Organic Pollutants 〉 decision of the Standing Committee of the Twelfth National People's Congress (adopted at the fourth meeting of the Standing Committee of the Twelfth National People's Congress on August 30, 2013), Decision of the Standing Committee of the National People's Congress on Approving the New List of Hexabromocyclododecane Amendment to the Stockholm Convention on Persistent Organic Pollutants (adopted at the 21st meeting of the Standing Committee of the Twelfth National People's Congress on July 2, 2016), Decision of the Standing Committee of the National People's Congress on Approving adopted at the 20th meeting of the standing Committee of the 12th National people's Congress on April 28, 2016), decision of the standing Committee of the National people's Congress on ratifying the Rotterdam Convention on the prior informed consent procedure for certain Hazardous Chemicals and Pesticides in International Trade (adopted at the 13th meeting of the standing Committee of the 10th National people's Congress on December 29, 2004) and the regulations on Environmental Management of the first Import of Chemicals and the Import and Export of Toxic Chemicals (1994 [Environmental Management] 140 no.) and the adjustment of national tariff items and customs commodity numbers, the List of Toxic Chemicals Strictly Restricted in China (2020) is now published. Anyone who imports or exports toxic chemicals listed in the above-mentioned list shall apply to the Ministry of Ecology and Environment for the environmental management release notice of toxic chemicals entering (exiting) in accordance with the provisions of this announcement and the annex. Import and export operators should be toxic chemicals in (out) environmental management release notice one-way customs for import and export procedures.
This announcement will be implemented as of January 1, 2020. The Announcement on Issuing the List of Toxic Chemicals Strictly Restricted in China (2018) (Announcement No. 74 [2017] of the Ministry of Environmental Protection, the Ministry of Commerce and the General Administration of Customs) shall be repealed simultaneously.
It is hereby announced.
List of Toxic Chemicals Strictly Restricted in China (2020)
2. Instructions for Handling the Notice of Environmental Management Release for Import of Toxic Chemicals
3. "Toxic Chemicals Export Environmental Management Release Notice" handling instructions
Ministry of Ecology and Environment
Ministry of Commerce
General Administration of Customs
December 30, 2019
Copy: Ecological Environment Departments (Bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government, Ecological Environment Bureaus of cities under separate state planning, Ecological Environment Bureaus of Xinjiang Production and Construction Corps, competent commercial departments of all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning and Xinjiang Production and Construction Corps, General Administration of Customs Guangdong Branch, Tianjin and Shanghai Special Offices, and all directly affiliated customs.
Issued by the General Office of the Ministry of Ecology and Environment on December 31, 2019
Annex 2
Notice of Environmental Management Release for Import of Toxic Chemicals
Handling instructions
1. registration conditions
Chemicals controlled by the Stockholm Convention on Persistent Organic Pollutants and related amendments in the (I) import list
The import use shall comply with the "Announcement on the Entry into Force of the New Hexabromocyclododecane Amendment to the Stockholm Convention on Persistent Organic Pollutants" (Ministry of Environmental Protection Announcement No. 84 of 2016), "About Prohibition of Production, Circulation, Use and Import and Export of Lindane and Other Persistent Organic Pollutants" (Ministry of Ecology and Environment Announcement No. 10 of 2019) The acceptable use or the specific exemption use within the validity period of the registration period.
Chemicals controlled by the Minamata Convention on Mercury in the (II) Import Directory
1. The use of imports shall comply with the permitted use within the time limit specified in the Announcement of the Entry into Force of the Minamata Convention on Mercury (Ministry of Environmental Protection Announcement No. 38 of 2017).
2. Where the exporting country is a non-party to the Minamata Convention on Mercury (hereinafter referred to as the "Mercury Convention"), the non-party is required to provide a certificate that the exported mercury is not from: a primary mercury mine that does not meet the requirements of the Mercury Convention, or mercury from the decommissioning of chlor-alkali facilities.
Chemicals controlled by the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade and related amendments to the (III) Import List
1. The use of imports shall comply with the permitted uses stipulated by our country (except for polychlorinated terphenyls).
2. Imports of PCTs shall be registered for environmental management of new chemical substances.
2. application materials
Application form for environmental management release notice for import of (I) toxic chemicals (hereinafter referred to as import release note).
(II) import contracts signed with foreign investors.
For chemicals controlled by the Stockholm Convention on Persistent Organic Pollutants (hereinafter referred to as the Stockholm Convention) and related amendments in the (III) import list, the imported chemicals shall be submitted for acceptable uses only or within the validity period of the specific exemption registration Certification materials for specific exemptions.
If the mercury Convention controlled chemicals are (IV) on the import list, (1) evidence that the imported chemical is used only for the time-limited use of the Minamata Convention Entry into Force Bulletin;(2) if the exporting country is a non-Party to the mercury Convention, a certificate from the non-Party to the mercury import source;(3) Information on import use data consistent with the provisions of the Mercury Convention.
If the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (hereinafter referred to as the Rotterdam Convention) and related amendments control chemicals in the (V) import list, certification materials that meet the registration conditions shall be submitted.
If the (VI) is not imported for the first time, the import, flow direction and use of each previous batch shall be submitted.
3. acceptance unit
The acceptance unit is the Ministry of Ecological Environment. Applicants may apply to the Technical Center for Solid Waste and Chemical Management of the Ministry of Ecology and Environment and submit application materials. For those who meet the registration conditions, the Ministry of Ecology and Environment shall issue an import release.
4. validity period
The import release is valid for 6 months.
5. registration time limit
20 working days from the date of acceptance.
6. results open
The registration decision shall be made public within 20 working days after it is made.
Post -7. supervision
The unit importing chemicals shall establish a ledger (detailed record) to truthfully record the import, flow direction and use. The Ministry of Ecology and Environment will organize an on-site inspection of the applicant, and the applicant shall provide a ledger.
Annex 3
Release Notice for Environmental Management of Toxic Chemicals Export
Handling instructions
1. registration conditions
Chemicals controlled under the Stockholm Convention and related amendments in the (I) export list
1. The export use shall comply with the "Announcement on the Entry into Force of the New Hexabromocyclododecane Amendment to the Stockholm Convention on Persistent Organic Pollutants" (Announcement No. 84 of 2016 of the Ministry of Environmental Protection), "Announcement on Prohibition of Production, Circulation, Use, Import and Export of Lindane and Other Persistent Organic Pollutants" (Announcement No. 10 of 2019 of the Ministry of Ecology and Environment) stipulates acceptable uses or specific exemptions within the validity period of specific exemptions. If the importing country is a party to the Stockholm Convention and related amendments, it should also be eligible for the acceptable use of the importing country or the specific exempted use within the validity period of the specific exemption registration.
2. The country of import that is not a Party to the Stockholm Convention and its related amendments shall submit annual certification that it will take the necessary measures to reduce or prevent releases to the environment, comply with the provisions to reduce or eliminate releases from stockpiles and wastes, and ensure that wastes are disposed of, collected, transported and stored in an environmentally sound manner.
3. If the importing country is a party to the Rotterdam Convention and related amendments, the importing country (foreign party) shall confirm that it has received the export notification for the export of chemicals that are not controlled by the Rotterdam Convention and related amendments; the export of chemicals that are controlled by the Rotterdam Convention and related amendments shall also be implemented in accordance with the relevant provisions of "Export of Chemicals Controlled by the Rotterdam Convention and related amendments.
Chemicals controlled under the Mercury Convention on the (II) Export List
1. The export use is in accordance with the "Announcement on the Entry into Force of the Minamata Convention on Mercury" (Ministry of Environmental Protection Announcement No. 38 of 2017) for the permitted use within the time limit. If the importing country is a Party to the Mercury Convention, it should also be consistent with the permitted use of the importing country under the Mercury Convention.
2. If the importing country is a Party to the Mercury Convention, it shall provide written consent and documentary evidence of compliance with the permitted uses of the Mercury Convention.
3. The importing country, which is a non-Party to the Mercury Convention, shall provide written consent to demonstrate that it will be used only for purposes permitted to Parties under the Mercury Convention, to ensure compliance with the Mercury Convention's environmentally sound interim storage provisions, to ensure compliance with the provisions of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal and the guidelines it has established, and to have taken measures to ensure the protection of human health and the environment.
Chemicals controlled under the Rotterdam Convention and related amendments on the (III) export list
If the importing country is a Party to the Rotterdam Convention and related amendments, it shall meet the corresponding conditions in the response of the importing country to the Convention Secretariat in respect of the exported chemical:
1. If the import response to the Secretariat of the Convention is that it does not agree to import, it shall not be exported;
2. If the import response to the Secretariat of the Convention is an agreement to import under specified conditions, the specified conditions shall be met;
3. If the importing country has not submitted a response to the Secretariat, ensure that: the chemical was registered as a chemical with the importing Party at the time of import; or there is evidence that the chemical has been used or imported in the importing Party and no regulatory action has been taken to prohibit it; or the exporter has requested explicit consent through the Party's designated national authority and has obtained such consent.
2. application materials
Application form for (I) toxic chemicals export environmental management release notice (hereinafter referred to as export release).
(II) a declaration and certification that the exported chemical meets the requirements of the Stockholm Convention, the Mercury Convention and the Rotterdam Convention.
3. acceptance unit
The acceptance unit is the Ministry of Ecological Environment. Applicants may apply to the Technical Center for Solid Waste and Chemical Management of the Ministry of Ecology and Environment and submit application materials. The Ministry of Ecology and Environment sends export notifications to importing countries under the Rotterdam Convention and receives responses. For those who meet the registration conditions, the Ministry of Ecological Environment shall issue an export release.
4. validity period
Export release is valid for 6 months.
5. registration time limit
The time limit for registration of an export release order is 20 working days from the date of acceptance. The time for the implementation of the prior informed consent procedure shall not be counted.
6. results open
The registration decision shall be made public within 20 working days after it is made.
7. export shall be accompanied by information
In accordance with the requirements of the Rotterdam Convention, when exporting chemicals controlled under the Rotterdam Convention and related amendments, exporting entities should label and attach safety data sheets in an internationally recognized format with up-to-date information to ensure adequate information on risks and/or hazards to human health or the environment.
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