Policy Programming
12.1. Political-administrative programs
The first product to be explained as part of the programming stage of a public policy is the political-administrative programs (PAP). The PAP defines the legal bases for the objectives, intervention instruments and operational arrangements of the public action. This group of elements also incorporates decisions on the administrative process and organization of the implementation of the policy, that is, the political-administrative arrangements (PAA) that is the second product to be explained.
Here are five constituent elements of the PAP of China’s policy of waste importation.
Objectives
The objectives of the PAP of China’s policy in importing solid waste is to ensure the environment surrounding the production, storage, transit and use of solid waste to meet the environmental quality standards which is issued by the Ministry of Environmental Protection of China, including the ambient air quality standards (GB 3095-1996), quality standards for soil (GB 15618-1995), quality standards for underground water (GB/T 14848-9).
Evaluative elements
In the PAP, the Ministry of Environmental Protection of China will build up monitoring systems for the environment and develop monitoring methods.87 Such as, Technic Route for Monitoring the Environment,88 Technical specifications on sampling and sample preparation from industry solid waste ( HJT 20-1998). 89
Operational elements
The operational elements mainly cover: 90
The Ministry of Environmental Protection issued a catalogue of prohibited imported solid waste, putting the bans on import of prohibited solid waste.
If overseas suppliers want to export solid waste to China, they must obtain the registration certificate issued by department of quality supervision, inspection, and quarantine of the State Council.
If overseas suppliers want to export solid waste to China, pre-shipment inspection agency designated by the quality inspection and quarantine department of the State Council shall carry out pre-shipment inspection on imported solid waste and issue a certificate for pre-shipment inspection if it is qualified.
If domestic consignees want to import solid waste from abroad, they must obtain the registration certificate issued by the department of quality supervision, inspection, and quarantine of the State Council.
Upon arrival of the imported solid waste, the entry and exit inspection and quarantine agency shall issue the Customs Clearance Form of Entry of Goods after inspection and quarantine.
Customs shall inspect imported solid waste and fulfill the customs procedures.
If the enterprises want to use imported solid waste, they must obtain relevant licenses for import of solid waste as raw materials from the Ministry of Environmental Protection.
The Competent department of environmental protection administration of province, autonomous region or municipality shall organize site inspection and supervisory monitoring on the enterprises that use imported solid waste.
In conclusions, the operational elements of this policy are based on bans, obligations, and the allocation of various rights that may be the object of sanctions in the case of failure to respect them. Therefore, the operational elements of this PAP are in a regulatory mode.
Besides, the operational elements are formulated in PAP in a very concrete way. It points very clearly the target groups and divides the solid waste in three categories: solid waste prohibited for import, solid waste restricted for import, and solid waste automatically licensed for import.
Political-administrative arrangements and resources
In this policy, the competencies are attributed to existing services, that is, departments of environmental protection administration at national and local level; departments of commerce administration at national and local level; departments of economic comprehensive macro-economic control at national and local level; departments of customs at national and local level; departments of quality supervision, inspection and quarantine at national and local level. The granting of resources (finance, personnel and others) is then globally decided when the budgets of the services concerned are decided.
Procedural elements
The procedural elements of the PAP of the policy stipulates the procedures among the competent authorities, such as the environmental department for licensing, departments of customs for inspections, departments of quality supervision for monitoring. Also, it stipulates the procedures for cooperation between different political-administrative actors, such as the procedure for sharing information among different departments.
It also stipulates the procedures between departments of different levels, for example, the application should be first handed over to local level, than national level.
Furthermore, it also includes the procedure of how target group to lodge a complaint in the sanctions.
Table VII: The legal basis of PAP of China’s policy includes laws, ordinances and measures
at both national and local level.
National level |
The Revised Law of the People's Republic of China on the Prevention and Control of Environmental Pollution Caused by Solid Waste (2005) The Measures on Administration of Import of Solid Waste (2012) The Measures on Implementation of Registration of Foreign Suppliers (2009) |
Provincial level |
The Revised Law of Guangdong Province of the People's Republic of China on the Prevention and Control of Environmental Pollution Caused by Solid Waste (2005) The Measures on Administration of Import of Solid Waste of Guangdong Province (2012) The Measures on Implementation of Registration of Foreign Suppliers of Guangdong Province (2009)...... |
Municipal level |
The Measures on Administration of Import of Solid Waste of Taizhou City (2012) The Measures on Implementation of Registration of Foreign Suppliers of Taizhou City (2009)...... |
Figure VII: The procedures of registration for domestic consignees
Based on AQSIQ online information http://www.aqsiq.gov.cn/zwgk/jlgg/zjgg/2009/200909/t20090929_127697.htm
On one hand, the PAP of China’s policy is a framework program with diverse implementation. Such regimes enable the development of very different implementation approaches at local levels; it is also a centralized PAP, as the essential part of the PAP will be assigned at national level. In a word, the PAP of this policy corresponds to a mixed PAP, which combines concrete objectives, evaluative element, operational elements, and a concrete definition of the organization and procedure.