Announcement on Printing and Distributing the List of Toxic Chemicals Strictly Restricted in China (2020)
This announcement shall come into force as of January 1, 2020. Announcement on Issuing the List of Toxic Chemicals Strictly Restricted in China (2018) (Announcement No.74 of Ministry of Environmental Protection, Ministry of Commerce and General Administration of Customs in 2017) shall be abolished at the same time.
It is hereby announced.
Attachment: 1. List of Toxic Chemicals Strictly Restricted in China (2020)
2 "toxic chemicals import environmental management release notice" instructions.
3 "toxic chemicals export environmental management release notice" instructions.
Ministry of Ecology and Environment
Ministry of Commerce
General Administration of Customs
December 30, 2019
Cc: ecological environment departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, ecological environment bureaus of cities with separate plans, ecological environment bureaus of Xinjiang Production and Construction Corps, commercial authorities of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps, Guangdong Branch of General Administration of Customs, special offices of Tianjin and Shanghai, and customs directly under the Central Government.
Issued by the General Office of the Ministry of Ecology and Environment on December 31, 2019
Annex 2
Notice on Environmental Management Release of Toxic Chemicals Import
Make it clear
I. Registration conditions
(1) Chemicals controlled by the Stockholm Convention on Persistent Organic Pollutants and related amendments in the import list.
The import purposes shall conform to the acceptable purposes specified in the Announcement on the Entry into Force of the Amendment to the Stockholm Convention on Persistent Organic Pollutants to Add Hexabromocyclododecane (Announcement No.84 of the Ministry of Environmental Protection in 2016) and the Announcement on the Prohibition of the Production, Circulation, Use, Import and Export of Persistent Organic Pollutants such as Lindane (Announcement No.10 of the Ministry of Ecology and Environment in 2019) or the specific exemption purposes within the validity period of the specific exemption registration.
(2) Chemicals controlled by the Minamata Convention on Mercury in the import list.
1. The import use shall conform to the permitted use within a limited time in the Announcement on the Entry into Force of the Minamata Convention on Mercury (Announcement No.38 of the Ministry of Environmental Protection in 2017).
2. If the exporting country is a non-party to the Minamata Convention on Mercury (hereinafter referred to as the "Mercury Convention"), the non-party needs to provide a certificate to prove that the exported mercury is not from the primary mercury mine that does not meet the requirements of the Mercury Convention or the mercury generated during the decommissioning of chlor-alkali facilities.
(3) Chemicals controlled by the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade and related amendments in the import list.
1. The import use shall conform to the permitted use stipulated by China (except polychlorinated terphenyls).
2. If polychlorinated terphenyls are imported, environmental management registration of new chemical substances shall be handled.
Second, the application materials
(1) An application form for the environmental management release notice for the import of toxic chemicals (hereinafter referred to as the import release form).
(2) Import contracts signed with foreign investors.
(3) Where chemicals are controlled by the Stockholm Convention on Persistent Organic Pollutants (hereinafter referred to as the Stockholm Convention) and related amendments in the import list, the certification materials that the imported chemicals are only used for acceptable purposes or for specific exempted purposes within the validity period of the specific exemption registration shall be submitted.
(4) If the chemicals controlled by the Mercury Convention are listed in the import list, the following documents shall be submitted: (1) Proof that the imported chemicals are only used for the permitted purposes in the Announcement on the Entry into Force of the Minamata Convention on Mercury; (2) If the exporting country is a non-party to the Mercury Convention, the certificate of the non-party on the source of imported mercury shall be provided; (3) Data and information on import purposes that meet the requirements of the Mercury Convention.
(5) If the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade and its related amendments are listed in the import list, the certification materials that meet the registration conditions shall be submitted.
(six) if it is not the first time to import, it shall submit the import, flow direction and use of each batch before.
Third, the accepting unit
The accepting unit is the Ministry of Ecology and Environment. Applicants can apply to the Solid Waste and Chemicals Management Technology Center of the Ministry of Ecology and Environment, and submit application materials. For those who meet the registration conditions, the Ministry of Ecology and Environment will issue an import release form.
Fourth, the validity period
The import release form is valid for 6 months.
V. Time limit for registration
20 working days from the date of acceptance.
Sixth, the results are open
The registration decision shall be made public within 20 working days.
VII. Post-supervision
Units importing chemicals shall establish ledgers (detailed records) to truthfully record the import, flow 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
Notice on Environmental Management Release of Toxic Chemicals Export
Make it clear
I. Registration conditions
(1) Chemicals controlled by the Stockholm Convention and related amendments in the export list.
1. The export purposes shall conform to the acceptable purposes specified in the Announcement on the Entry into Force of the Amendment to the Stockholm Convention on Persistent Organic Pollutants to Add Hexabromocyclododecane (Announcement No.84 of the Ministry of Environmental Protection in 2016) and the Announcement on the Prohibition of the Production, Circulation, Use, Import and Export of Persistent Organic Pollutants such as Lindane (Announcement No.10 of the Ministry of Ecology and Environment in 2019) or the specific exemption purposes within the validity period of the specific exemption registration. If the importing country is a party to the Stockholm Convention and related amendments, it should also meet the acceptable use of the importing country or the specific exemption use within the validity period of the specific exemption registration.
2. If the importing country is a non-party to the Stockholm Convention and its related amendments, it shall submit an annual certificate to prove that it will take necessary measures to reduce or prevent environmental emissions, comply with the regulations on reducing or eliminating emissions from stockpiles and wastes, and ensure that wastes are disposed, collected, transported and stored in an environmentally sound manner.
3. If the importing country is a party to the Rotterdam Convention and its related amendments, the export of chemicals not controlled by the Rotterdam Convention and its related amendments shall be confirmed by the importing country (foreign party); The export of chemicals controlled by the Rotterdam Convention and related amendments shall be carried out in accordance with the relevant provisions of "Export of Chemicals Controlled by the Rotterdam Convention and Related Amendments".
(2) Chemicals controlled by the Mercury Convention in the export list
1. The export purpose is in line with the permitted use in the Announcement on the Entry into Force of the Minamata Convention on Mercury (Announcement No.38 of the Ministry of Environmental Protection in 2017). If the importing country is a party to the mercury convention, it should also meet 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 issue a written consent and provide written certification materials to prove that it meets the permitted uses of the Mercury Convention.
3. If the importing country is a non-party to the Mercury Convention, it shall issue a written consent to prove that it will only be used for the purposes permitted by the parties to the Mercury Convention, ensure compliance with the provisions of the Mercury Convention on environmentally sound temporary storage, ensure compliance with the provisions of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal and the guidelines formulated, and take measures to ensure the protection of human health and the environment.
(3) Chemicals controlled by the Rotterdam Convention and related amendments in the export list.
If the importing country is a party to the Rotterdam Convention and related amendments, it shall meet the corresponding conditions in the reply of the importing country to the Convention Secretariat on the exported chemicals:
1. If the import reply to the Convention Secretariat is that it does not agree to import, it shall not be exported;
2. If the import reply to the Convention Secretariat is to agree to import under specific conditions, it shall meet the specific conditions put forward by it;
3. If the importing country has not submitted a reply to the Secretariat, it shall ensure that the chemical was registered as a chemical in the importing Party at the time of import; Or there is evidence that the chemical has been used or imported in the territory of the importing Party and no control action has been taken to ban it; Or the exporter has asked for explicit consent through the national competent department designated by the contracting party and has obtained such consent.
Second, the application materials
(1) An application form for the environmental management release notice for the export of toxic chemicals (hereinafter referred to as the export release form).
(2) A statement and proof that the exported chemicals meet the requirements of the Stockholm Convention, the Mercury Convention and the Rotterdam Convention.
Third, the accepting unit
The accepting unit is the Ministry of Ecology and Environment. Applicants can apply to the Solid Waste and Chemicals Management Technology Center of the Ministry of Ecology and Environment, and submit application materials. According to the Rotterdam Convention, the Ministry of Ecology and Environment sent an export notice to the importing country and received a reply. For those who meet the registration conditions, the Ministry of Ecology and Environment will issue an export release form.
Fourth, the validity period
The export release form is valid for 6 months.
V. Time limit for registration
The time limit for registration of export release documents is 20 working days from the date of acceptance. The time for performing the prior informed consent procedure is not counted.
Sixth, the results are open
The registration decision shall be made public within 20 working days.
Seven, the export should be accompanied by information.
According to the requirements of the Rotterdam Convention, when exporting chemicals controlled by the Rotterdam Convention and its related amendments in the list, exporting units should attach labels and safety data sheets with the latest information in an internationally recognized format, so as to ensure adequate information on risks and/or hazards to human health or the environment.