Laws Information

法規資訊
Title: Management Regulations for the Import and Export of Industrial Waste
Am Date: 2018-03-31
Legislative History: Revisions to Article 1, Article 3, Article 6, Article 14, Article 28, and Article 29 promulgated by Environmental Protection Administration Order Huan-Shu-Fei-Tzu No. 1070024630 on March 31, 2018

Transaction

Amended

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 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.

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 In those circumstances in which the applicant's import permit documents have been revoked within the most recent two years.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 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 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.