Notice of the General Office of the State Council on Issuing the Implementation Plan for Prohibiting the Entry of Foreign Garbage and Advancing the Reform of the Solid Waste Import Administration System

· Document Number：No. 70 [2017] of the General Office of the State Council

· Area of Law： Environmental Protection

· Level of Authority： Regulatory Documents of the State Council

· Date issued：07-18-2017

· Effective Date：07-18-2017

· Status： Effective

· Issuing Authority： General Office of the State Council

Notice of the General Office of the State Council on Issuing the Implementation Plan for Prohibiting the Entry of Foreign Garbage and Advancing the Reform of the Solid Waste Import Administration System
(No. 70 [2017] of the General Office of the State Council)
The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government; all ministries and commissions of the State Council; and all institutions directly under the State Council:
The Implementation Plan for Prohibiting the Entry of Foreign Garbage and Advancing the Reform of the Solid Waste Import Administration System, as approved by the State Council, is hereby issued to you for your conscientious implementation.
General Office of the State Council
July 18, 2017
Implementation Plan for Prohibiting the Entry of Foreign Garbage and Advancing the Reform of the Solid Waste Import Administration System
Since the 1980s, China has been importing solid waste that can be used as raw materials from overseas in order to ease the problem of insufficient raw materials, and a complete solid waste import administration system has been established gradually so as to strengthen administration and prevent environmental risks. Over recent years, all regions and all relevant departments have conducted a lot of work in the aspect of cracking down upon foreign garbage smuggling and strengthening the supervision of imported solid waste and made certain achievements. However, as some local governments still have a mindset of valuing development and scorning environmental protection, and some enterprises make no scruple of taking a risk in pursuing illegal interests, the problem of the illegal entry of foreign garbage into the country is not eliminated despite being repeatedly prohibited, which is severely detrimental to the health of the people and China's eco-environmental security. The following plan is made according to the decisions and arrangements of the CPC Central Committee and the State Council as to the advancement of the building of ecological civilization and the reform of the ecological civilization system, in order to comprehensively forbid the entry of foreign garbage into the country, advance the reform of the solid waste import administration system, promote the harmless and recycling use of domestic solid waste, and protect eco-environmental safety and the health of the people.
I. General requirements
(1) Guiding ideology. We shall comprehensively implement the spirit of the 18th CPC National Congress and the Third, Fourth, Fifth and Sixth Plenary Sessions of the 18th CPC Central Committee, carry out in depth the spirit of a series of important speeches and new concepts, thoughts and strategies of managing state affairs of General Secretary Xi Jinping, conscientiously implement the decisions and arrangements of the CPC Central Committee and the State Council, advance the overall layout for "economic, political, cultural, social, and ecological progress" in an overall manner and the Four-Pronged Comprehensive Strategy in a coordinated manner, firmly develop and implement the concept of innovative, coordinated, green, open and shared development, adhere to the development idea centering on the people and the general keynote of seeking progress while keeping performance stable, with the improvement of the quality and benefits of development as the center, with the supply-side structural reform as main thread, with the deepening of reform as driving force, fully prohibit the entry of foreign garbage, and improve the imported solid waste administration system; and effectively strengthen the recycling, use and administration of solid waste, vigorously develop circular economy, practically improve environmental quality, and maintain national eco-environmental safety and the health of the people.
(2) Basic principles.
Adhering to the combination of smoothing and blocking and both temporary and permanent solutions. The policies for the administration of imported solid waste shall be adjusted and improved, the tough stance shall be continued and maintained, and foreign garbage smuggling shall be seriously cracked down upon; and the level of the recycling and use of domestic solid waste shall be raised.
Adhering to sound advancement and taking measures by category. Based on environmental risks, the current conditions of industrial development and other factors, the timetable of prohibiting imports shall be made by industry and by category, and the imported solid waste administration catalog shall be adjusted by group and by classification; and legal, economic, administrative means shall be comprehensively used to significantly reduce the types and quantity of imports and to comprehensively prohobit the entry of foreign garbage.
Adhering to coordination and cooperation and effectively ensuring implementation. All departments shall follow the division of duties, closely cooperate with each other, make joint efforts in regulation and management, join work forces, strengthen tracking and supervision, and ensure the implementation of and achievements in all tasks as scheduled. All the local people's governments at various levels shall implement their primary responsibilities and effectively conduct the work such as comprehensive rectification of solid waste distributing centers, industrial transformation and development and employment and settlement of the people.
(3) Main objectives. The import of solid waste shall be strictly administered, and by the end of 2017, the import of solid waste posing a grave danger to the environment and triggering strong response from the people will have been fully banned; and by the end of 2019, the import of solid waste which can be replaced by domestic resource will have been gradually ceased. The eco-environmental safety shall be ensured by constantly enhancing the supervision of the import, transportation and use of solid waste and all other links. The tough stance against foreign garbage smuggling shall be sustained to completely block the entry of foreign garbage. The conservation and intensive use of resources shall be enhanced, the level of harmless use and recycle of domestic solid waste shall be fully raised, and the domestic resource gap shall be gradually filled in, so as to provide powerful guarantee for the building of a beautiful China and the building of a moderately prosperous society in all aspects.
II. Improving the supervision system blocking the import of foreign garbage
(4) Prohibiting the import of solid waste posing a grave danger to the environment and triggering strong response from the people. By the end of July 2017, the imported solid waste administration catalog shall have been adjusted, and by the end of 2017, the import of plastics from municipal solid waste, unsorted waste paper, and the categories such as textile waste and vanadium slag shall be prohibited. (The Ministry of Environmental Protection, the Ministry of Commerce, the National Development and Reform Commission, the General Administration of Customs, and the General Administration of Quality Supervision, Inspection and Quarantine shall be responsible for implementation)
(5) Reducing the types and quantity of imported solid waste in a gradual and orderly manner. The imported solid waste administration catalog shall be adjusted by group and by classification, and the types and quantity of imported solid waste shall be reduced substantially. (The Ministry of Environmental Protection, the Ministry of Commerce, the National Development and Reform Commission, the General Administration of Customs, and the General Administration of Quality Supervision, Inspection and Quarantine shall be responsible for implementation and complete the task before the end of 2019)
(6) Raising the threshold for the import of solid waste. Standards shall be made stricter, the Environmental Protection Control Standard for Import of Solid Waste That Can Be Used as Raw Materials shall be revised, and the concealed article control quota shall be made tougher. (The Ministry of Environmental Protection and the General Administration of Quality Supervision, Inspection and Quarantine shall be responsible for implementation and complete the task before the end of 2017) The Provisions on the Administration of Environmental Protection of Imported Waste Paper shall be issued, and a higher requirement for the size of enterprises possessing and using imported waste paper shall be made. (The Ministry of Environmental Protection shall be responsible for implementation and complete the task before the end of 2017)
(7) Improving the laws, regulations and relevant systems. The Measures for the Administration of Import of Solid Waste shall be revised, the ports for the import of solid waste shall be limited and fixed, and the number of the ports therefor shall be reduced. (The Ministry of Environmental Protection, the Ministry of Commerce, the National Development and Reform Commission, the General Administration of Customs, and the General Administration of Quality Supervision, Inspection and Quarantine shall be responsible for implementation and complete the task before the end of 2018) The solid waste import license system shall be improved, and import agency shall be canceled. (The Ministry of Environmental Protection, the Ministry of Commerce, the National Development and Reform Commission, the General Administration of Customs, and the General Administration of Quality Supervision, Inspection and Quarantine shall be responsible for implementation and complete the task before the end of 2017) The number of solid waste identifiers shall be increased to solve difficulties in identification and other prominent problems. (The Ministry of Environmental Protection, the General Administration of Customs and the General Administration of Quality Supervision, Inspection and Quarantine shall be responsible for implementation and complete the task before the end of 2017) The Law of the People's Republic of China on the Prevention and Control of Environment Pollution Caused by Solid Waste and other laws and regulations shall be revised upon request in good time, and the standard for the punishment of acts of foreign garbage smuggling and illegal import of solid waste shall be raised. (The Ministry of Environmental Protection, the General Administration of Customs, the General Administration of Quality Supervision, Inspection and Quarantine, and the Legislative Affairs Office of the State Council shall be responsible for implementation and complete the task before the end of 2019)
(8) Guaranteeing the sound transition of policies. Policy interpretation and guidance to public opinions shall be effective conducted, and the time points of the adjustment and implementation of policies and the requirements for administration shall be publicly disclosed in accordance with the laws and regulations. (The Publicity Department of the CPC Central Committee, the Cyberspace Administration of China, the Ministry of Environmental Protection, the Ministry of Commerce, the National Development and Reform Commission, the General Administration of Customs, and the General Administration of Quality Supervision, Inspection and Quarantine shall be responsible for implementation and complete the task before the end of 2020) Existing policies and measures shall be comprehensively used, industrial transformation shall be promoted, industrial structure shall be optimized, and the re-employment of relevant professionals and other guarantee work shall be effectively conducted. (All the relevant local people's governments shall be responsible for implementation and complete the task before the end of 2020)
III. Enhancing the administration and control of illegal entry of foreign garbage
(9) Constantly cracking down upon foreign garbage smuggling. The crackdown upon foreign garbage smuggling shall be the top priority of the customs work, and the illegal acts such as smuggling of hazardous waste, medical waste, electronic waste and municipal solid waste shall be strictly investigated and dealt with. Various special campaigns against smuggling shall be advanced in depth, the crackdown upon smuggling in the sea and frontier without customs offices shall be enhanced, the channels for smuggling foreign garbage into the country shall be blocked, and the smuggling acts such as concealment, false declaration, omission in declaration, and illegal use or transfer of licenses and goods of freight channels shall be strictly cracked down upon. Foreign garbage discovered in special campaigns against smuggling shall be lawfully returned or destroyed. (The General Administration of Customs, the Ministry of Public Security and the China Coast Guard shall be responsible for long-term implementation) The special campaigns for enhancing supervision and strictly cracking down upon violation of law relating to foreign garbage shall be jointly conducted, and various illegal acts such as smuggling and illegal import and use of waste plastic, waste paper, municipal solid waste, electronic waste, waste clothing and other solid waste shall be clamped down upon. (The General Administration of Customs, the Ministry of Environmental Protection, the General Administration of Quality Supervision, Inspection and Quarantine, and the Ministry of Public Security shall be responsible for implementation and complete the task before the end of November, 2017) Special joint inspection of enterprises importing, processing and using waste plastic shall be conducted, and the problems such as touting of licenses or goods and inconformity with enterprise qualifications shall be investigated and dealt with in priority. (The General Administration of Customs, the Ministry of Environmental Protection, and the General Administration of Quality Supervision, Inspection and Quarantine shall be responsible for implementation and complete the task before the end of November, 2017)
(10) Strengthening whole-process supervision. The applications for the import of solid waste shall be examined in a more thorough manner, the approval of licenses for the import of solid waste shall be reduced in number, and the total quantity of licensed import shall be controlled. (The Ministry of Environmental Protection shall be responsible for long-term implementation) The supervision and administration of key control points such as pre-shipment on-site inspection, result review, and certificate issuance in the import of solid waste shall be strengthened, entry inspection and quarantine shall be enhanced, and the provisions on on-site opening and unstuffing of containers and inspection standard shall be strictly implemented. (The General Administration of Quality Supervision, Inspection and Quarantine shall be responsible for long-term implementation) The inspection of imported solid waste shall be further enhanced, the inspection requirements of "three 100%s" (100% subject to machine inspection if container inspection devices have been equipped, 100% subject to inspection by opening containers if no such devices are equipped, and 100% subject to weighing on scales) shall be strictly carried out. (The General Administration of Customs shall be responsible for long-term implementation) The on-site inspection of key enterprises under risk supervision shall be strengthened, and touting and illegal processing and use of imported solid waste and other environment-related illegal acts shall be severely cracked down upon. (The Ministry of Environmental Protection and the General Administration of Customs shall be responsible for long-term implementation)
(11) Comprehensively rectifying distributing centers of solid waste. The special rectification action of typical national storage, disposition, use and distributing centers of waste plastic, waste clothing, electronic waste and other waste shall be conducted. The Soil Pollution Prevention and Control Action Plan shall be implemented, all the relevant local people's governments shall be supervised to review and rectify the recycle of electronic waste, scrap tires and waste plastic, among others, and the situation of rectification shall be included in the key content under the environmental protection supervision of the Central Government. (The Ministry of Environmental Protection, the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Commerce, the State Administration for Industry and Commerce, and all the relevant local people's governments shall be responsible for implementation and complete the task before the end of 2017)
IV. Establishing a permanent mechanism blocking the entry of foreign garbage
(12) Implementing enterprises' primary responsibilities. Routine law enforcement and supervision shall be enhanced, and foreign garbage smuggling, illegal import of solid waste, touting or illegal use of solid waste and other illegal and criminal acts shall be strictly investigated and dealt with. Legal publicity and training shall be strengthened, and enterprises' awareness of observance of law shall be further raised. (The General Administration of Customs, the Ministry of Environmental Protection, the Ministry of Public Security and the General Administration of Quality Supervision, Inspection and Quarantine shall be responsible for long-term implementation) A mechanism of law enforcement information sharing between the Central Government and the local governments and among departments shall be established and improved, and the information on enterprises illegally using and disposing of solid waste shall be published at the national credit information sharing platform, the "Credit China" website and the national enterprise credit information publication system, so as to impose joint punishment. (The National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Finance, the Ministry of Environmental Protection, the Ministry of Commerce, the General Administration of Customs, the State Administration for Industry and Commerce, and the General Administration of Quality Supervision, Inspection and Quarantine shall be responsible for long-term implementation)
(13) Developing an international cooperation mechanism. The establishment of a foreign garbage smuggling combat cooperation mechanism with Vietnam and other ASEAN countries shall be promoted, and regional joint law enforcement action shall be launched in good time. International law enforcement cooperation channels shall be used, the analysis of the intelligence from the overseas sources of foreign garbage shall be enhanced, the cooperation with the World Customs Organization, the International Criminal Police Organization, the United Nations Environment Programme and other bodies shall be strengthened, and a smuggled foreign garbage return shipment international cooperation mechanism shall be established and improved. (The General Administration of Customs, the Ministry of Public Security, and the Ministry of Environmental Protection shall be responsible for long-term implementation)
(14) Developing new channels of renewable resources. The transformation of the modes of trade and processing shall be promoted, services shall be voluntarily provided to domestic enterprises "heading overseas," and relevant enterprises shall be guided in complying with the laws and regulations in the countries they are located, taking care of local resources and environment, and maintaining the positive image of China's enterprises. (The National Development and Reform Commission, the Ministry of Industry and Information Technology, and the Ministry of Commerce shall be responsible for long-term implementation)
V. Raising the level of recycle of domestic solid waste
(15) Raising the recycling rate of domestic solid waste A domestic solid waste recycle system shall be established at a quicker pace, a producer responsibility extension system shall be established and improved, the sorting of urban and rural municipal solid waste shall be advanced, and the recycling rate of domestic solid waste shall be raised so that the total quantity of recycled domestic solid waste will have been increased from 246 million tons in 2015 to 350 million tons in 2020. (The National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Commerce and the Ministry of Housing and Urban-Rural Development shall be responsible for implementation)
(16) Regulating the development of domestic solid waste processing and use industries. The leading role of "urban minerals" demonstration bases, major resource recycle demonstration projects, and circular economy demonstration park, among others, and the catalyzing role of backbone recycling enterprises shall be brought into play, the renewable resources recycle infrastructures shall be improved, and the park-oriented, scale-based and clean development of the processing and use of domestic solid waste shall be promoted. (The National Development and Reform Commission, the Ministry of Industry and Information Technology, and the Ministry of Commerce shall be responsible for long-term implementation)
(17) Better researching and developing science and technology. The level of the equipment and technology for the recycle of solid waste shall be raised. The level of the disassembly of scrap electric appliances, electronic products, and scrap vehicles shall be raised. Enterprises shall be encouraged to team up and supported in teaming up with scientific research institutions and universities to research, develop and industrialize the technology and equipment for paper making without wood fiber, the level of the application of bamboos, reed, bagasse, straw and other fibers not from wood shall be raised in priority, and the clean pulping technology without wood fiber shall be further promoted. (The National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Science and Technology and the Ministry of Commerce shall be responsible for long-term implementation)
(18) Effectively strengthening publicity and guidance. More publicity shall be given to the administration of the import of solid waste and the achievements in combating foreign garbage smuggling, and typical illegal and criminal cases shall be publicly disclosed in a timely manner, in order to show China's firm resolution to protect eco-environmental safety and the health of the people. The general public shall be vigorously guided in sorting garbage, green consumption shall be advocated, and excessive packaging shall be boycotted. The mode of "Internet plus" order placing, design, production, sale and logistics shall be advanced vigorously, the economical use of paper and plastics, among others, shall be advocated, and a good atmosphere where whole society jointly supports and vigorously protects the environment and saves resources shall be created with efforts. (The Publicity Department of the CPC Central Committee, the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Environmental Protection, the Ministry of Housing and Urban-Rural Development, the Ministry of Commerce, the General Administration of Customs, the General Administration of Quality Supervision, Inspection and Quarantine, and the Cyberspace Administration of China shall be responsible for long-term implementation)