14 August 2020 TO ALL MEMBERS Dear Sir or Madam New revised People’s Republic of China (PRC) Law on the Prevention and Control of Environmental Pollution by Solid Wastes – effective 1st September 2020 Executive summary The current PRC Law on the Prevention and Control of Environmental Pollution by Solid Wastes (previously revised in 2015) prohibits the import, dumping and disposal of both solid wastes, unless subject to a specific import license, and hazardous wastes. Those solid and hazardous waste products that are currently prohibited from import and those that are subject to an import license are listed in respective catalogues published by competent departments of the PRC - see below. The applicable licensing regime has been in effect in the PRC since 1 st August 2011. A new revision to the PRC Law on the Prevention and Control of Environmental Pollution by Solid Wastes (new Revision), which becomes effective on 1 st September 2020, imposes joint and several liability on both the carrier and importer for the return and disposal of the solid waste where the solid waste is prohibited and/or proper license has not been obtained, and significantly increases the fines that can be imposed for violations. Members should also be aware that the PRC intends to reduce the import of solid wastes during the latter half of 2020 and that all solid wastes will be prohibited from import into the PRC from 1 st January 2021. As a result, from this date the licensing regime will no longer be in place for the import of solid wastes. 2020 Revision The solid wastes that are prohibited from import, dumping and disposal in the PRC and/or are subject to import licensing are set out in catalogues of solid waste products as published and adjusted by the competent departments under the State Council of the PRC in 2017 and 2018. - 2 They are annexed to this circular as follows: - Annex I - Catalogue of Solid Wastes Prohibited from Importation into the PRC and that cannot be imported, - Annex II - Catalogue of Solid Wastes that can be used as raw materials under Import Restrictions and that can be imported with an Import License of the PRC for Restricted Solid Wastes that Can be Used as Raw Materials, but will be prohibited from import from 1st January 2021, - Annex III - Catalogue of Solid Wastes that can be used as raw materials and that are not under Import Restrictions. Such solid wastes can also be imported with a license but will be prohibited from import from 1 st January 2021. The difference from the solid wastes listed in the Catalogue in Annex II is that the importer of Annex III solid wastes should obtain an Import License of the PRC for Unrestricted Solid Wastes that Can be Used as Raw Materials, - Annex IV - Catalogue of Hazardous Wastes that are already, and will continue to be, prohibited from importation into the PRC. The Import Restrictions are subject to the licensing regime that has been in effect in the PRC from 1 st August 2011 in accordance with the Administrative Measures for the Import of Solid Waste. Prior to accepting a cargo of solid wastes for carriage to the PRC, carriers should require the consignor to provide (i) the relevant solid waste import license (ii) the consignee’s registration certificates for the import of the solid waste (iii) the registration certificate of any foreign suppliers of the solid waste, and (iv) the certificate of the pre-shipment inspection of the imported solid waste. This licensing regime will be in place