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  1. The current regimes of regulating import of solid waste

10.1. The competent authorities

In the Article 25 of The Law of the People's Republic of China on the Prevention and Control of Environmental Pollution Caused by Solid Waste (2005), it is stipulated that “the department of environmental protection cooperate with the other departments of foreign trade, macroeconomic regulating, customs, and quality inspection and quarantine to draft, revise and issue respectively the Catalogue of Solid Waste Prohibited, Restricted, and Automatically Licensed for Import. The importation of solid waste in The Catalogue of Solid Waste Restricted for Import should be approved by the competent department of environmental protection and foreign trade; the importation of solid waste in The Catalogue of Solid Waste Automatically Licensed for Import should go through the formalities according to the relevant rules. The imported solid waste must be complied with the obligatory environmental standards, and be proved as qualified after the inspections by customs and the department of quality inspection and quarantine”. At the same time, it is also stipulated that “the department of environmental protection cooperate with the other departments of foreign trade, macroeconomic regulating, customs, and quality inspection and quarantine to draft, revise and issue the concrete measures related to imported solid waste.”

Therefore, at national level, the responsibilities of regulating import of solid waste are divided by five ministries, that is, The Ministry of Environmental Protection, The Ministry of Commerce, National Development and Reform Commission, General Administration of Customs, and General Administration of Quality Supervision, Inspection and Quarantine. From the point of their own responsibility, NDRC is responsible for proposing the types of imported solid waste from the perspective of macroeconomics regulating and resources planning; The Ministry of Commerce for issuing The Catalogue of Solid Waste Prohibited, Restricted, and Automatically Licensed for Import according to The Law of Foreign Trade; The Ministry of Environmental Protection for evaluating the risks of the imported solid waste, devising concrete catalogue, and implement environmental administration of domestic enterprises using solid waste; AQSIQ for quality supervision and inspection of imported solid waste; and GACC for customs procedures, collecting duties and the statistics work of imported solid waste as well as fight against waste trafficking.

10.2. The legal framework

At the legislative level, there are various laws related to the import of solid waste. These are mainly The Law of the People's Republic of China on the Prevention and Control of Environmental Pollution Caused by Solid Waste (2005); The Foreign Trade Law(2004); The Customs Law(2005); The Law of Quality Supervision, Inspection, and Quarantine of Import and Export of Goods.

Under these laws, the competent departments have also issued their own regulations and measures in their respective field of responsibilities, which are clearly demonstrated in the following tables.

Table V: The competent departments of implementing policy of import of solid waste

and the relevant regulations and measures

The Ministry of Environmental Protection

The Measures of Environmental Protection on Imported Solid Waste Used for Raw Materials (2011)81

The Measures on the Administration of Import of Solid Waste

The GACC

The Notice of Adjusting the Classified Customs Declarations of Certain Types of Imported Solid Waste (The GACC Announcement No. 16 of 2010)

The GACC Announcement No. 21 of 2010

The AQSIQ

The Measures on Quality Inspection and Quarantine of Import of Solid Waste (2009)

The Measures on Registration of Foreign Suppliers of Solid Waste (2009)

The Measures on Registration of Domestic Consignees of Solid Waste (2009)

13 Compulsory Environmental Standards

19 Quality Inspection and Quarantine Standards

Chapter III: The analysis of China's policy

In this chapter, the concepts in Public Policy Analysis will be employed to identify the constituent elements of China’s policy of importing solid waste at different stages of the whole policy cycle.

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