Overcoming "green barriers": China's first five years into the WTO

Journal of World Trade

Volumn 41, Issue 3, 2007, Pages 535-558

  Zhao, Yuhong ^a  

^a CHINESE UNIVERSITY OF HONG KONG   (Hong Kong)

Author keywords

[No Author keywords available]

Indexed keywords

INTERNATIONAL TRADE; WORLD TRADE ORGANIZATION;

ASIA; CHINA; EURASIA; FAR EAST;

EID: 34548690358     PISSN: 10116702     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (110)

1. WTO, Decision on the Accession of the People's Republic of China, annexing the Protocol on the Accession of the People's Republic of China (WT/L/432, 23 November 2001), done at the Ministerial Conference of the WTO at Doha, Qatar, on 10 November 2001. The Decision provides that "the People's Republic of China may accede to the Marrakesh Agreement Establishing the World Trade Organization on the terms and conditions set out in the Protocol annexed to this decision. Part III(3) of the annexed Protocol states: "this Protocol shall enter into force on the thirtieth day following the day of its acceptance". China immediately accepted the Protocol on 11 November 2001. Thirty days later, on 10 December, China announced it had become the 143rd Member of the WTO. On the same day, the WTO Secretariat issued a press release confirming China's membership status.
2. Shi Jiangtao, A Time to Salute Economic Progress, Sunday Morning Post, 1 October 2006, p. 16.
3. GATT Article XX provides: "Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any contracting party of measures: ... (b) necessary to protect human, animal or plant life or health; ... (g) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption."
4. Ministry of Commerce Department of the WTO, Taking Measures to Respond to Foreign Technical Barriers (8 October 2003), available at . Statistics are produced based on the nationwide survey carried out by the Ministry of Commerce.
5. Close to one half of all China's exports are directed at OECD countries. The main importers of Chinese goods are Japan and the United States, accounting for about 18 percent of the export market each, whereas the European Union comprises about 12 percent of exports from China. See Veena Jha et al., Reconciling Trade and the Environment - Lessons from Case Studies in Developing Countries (Cheltenham: Edward Elgar, 1999), p. 115.
6. As note 4 above.
7. Wang Ya, Guanzhu Luse Maoyi Bilei (Green Barrier Draws Attention), China Environment News, 11 March 2002, at .
8. GATT 1994 Article XI provides that prohibitions or restrictions, including quotas, import or export licences or other measures, on the import or export of any product from or to another contracting party are prohibited.
9. The TBT Agreement, Article 2.2. The list of "legitimate objectives" in Article 2.2 includes "the protection of human health or safety, animal or plant life or health, or the environment".
10. The TBT Agreement, Article 2.4 obliges parties, where "relevant international standards exist or their completion is imminent", to use them as a basis for their technical regulations, except when they are an inappropriate means for the fulfilment of the legitimate objective pursued, for example "because of fundamental climatic or geographical factors or fundamental technological problems".
11. The Codex Alimentarius is a collection of standards, codes of practice, guidelines and other recommendations developed and compiled by the Codex Alimentarius Commission (CAC), a body established jointly by the Food and Agriculture Organization (FAO) and the World Health Organization (WHO) in 1961. See Understanding the Codex Alimentarius, p. 11. Available at . The code has now become the global reference point for consumers, food producers and processors, national food control agencies and the international food trade.
12. SPS Agreement Article 3.1 states: "To harmonize sanitary and phytosanitary measures on as wide a basis as possible, Members shall base their sanitary and phytosanitary measures on international standards, guidelines or recommendations, where they exist, except as otherwise provided for in this Agreement." TBT Agreement article 2.6 states: "With a view to harmonizing technical regulations on as wide a basis as possible, Members shall play a full part, within the limits of their resources, in the preparation by appropriate international standardizing bodies of international standards for products for which they have either adopted, or expect to adopt, technical regulations."
13. The Food Hygiene Law of the PRC was passed by the 16th Meeting of the 8th National People's Congress Standing Committee on 30 October 1995.
14. Chen Yafei, China's Food Standards Need to Comply with International Standards - Impact of WTO Entry on China's Food Standards, China Standardization (Zhongguo Biaozhunhua) 1 (2004), p. 59.
15. Also see The State Quality Inspection Administration Will Sort Out Current Food Standards, 245 Meat Hygiene (Roupin Weisheng) 11 (2004), p. 5.
16. Significant Adjustment Expected to China's Food Standards Framework, Market Weekly for Agricultural Products (Nuochanpin Shichang Zhoukan) 3 (2005), p. 33.
17. UNEP, The Trade and Environmental Effects of Ecolabels: Assessment and Response.
18. Mandatory eco-labelling schemes require products to affix labels containing health and safety warnings or information about certain ingredients before they are sold to consumers. Voluntary eco-labelling schemes allow products to be marketed even if they do not meet the environmental criteria. Products that meet the criteria are permitted to have a label attached, indicating its environmental friendly feature.
19. Eco-labelling and international trade has been covered extensively in UNCTAD secretariat reports, particularly Eco-Labelling and Market Opportunities for Environmentally Friendly Products (TD/B/WG.6/2, October 1994),
20. and Trade, Envornment and Competitiveness Aspects of Establishing and Operating Eco-Labelling Programmes (TD/B/WG.6/5, August 1995).
21. Also see S. Zarilli, V. Jha. and R. Vossenaar (eds), Eco-Labelling and International Trade (London: Macmillan, 1997).
22. Peter Uimonen and John Whalley, Environmental Issues in the New World Trading System (London: Macmillan, 1997), p. 35.
23. The Oeko-Tex Standard 100 was promulgated by the International Association for Research and Testing in the Field of Textile Ecology in 1992 to define eco-textiles. The Oeko-Tex 100 Standard comprehensively addresses the Human Ecology component of textile products. It evaluates and screens for any harmful substances present within processed textiles intended to come into contact with consumers.
24. There are two broad categories of PPMs: product-based PPMs and non-product-based PPMs. Product-based PPMs refer to production methods that affect the characteristics of the product itself. Non-product-based PPMs are situations where the environmental damage caused by PPMs is not transmitted by the product itself.
25. This is based on the popular construction of the "like product" language in GATT Article III:4, which provides that "[t]he products of the territory of any Member imported into the territory of any other Member shall be accorded treatment no less favourable than that accorded to like products of national origin in respect of all laws, regulations and requirements affecting their internal sale, offering for sale, purchase, transportation, distribution or use..."
26. The 1991 US-Mexico and the 1994 US-EC disputes concerning a US ban on tuna products caught using methods that led to dolphin by-catch. The Panel Reports, which were not adopted, stated that only the characteristics of the final product were relevant under the GATT, in effect prohibiting any trade measures based on PPMs. See Tuna/Dolphin I, 30 International Legal Materials (1991), p. 1594;
27. Tuna/Dolphin II, 33 International Legal Materials (1994), p. 839.
28. For example, mandatory standards may be applied domestically to promote energy efficiency in production processes, but an imported "like" product cannot be discriminated against only because the production process is energy-intensive. WTO rules treat products that have the same physical form as "like" products even if they have been produced in very different ways.
29. Robert Howse and Donald Regan, The Product/Process Distinction - An Illusory Basis for Disciplining "Unilateralism" in Trade Policy, 11 European Journal of International Law 2 (2000);
30. Steve Charnovitz, The Law of Environmental 'PPMs' in the WTO: Debunking the Myth of Illegality, 27 Yale Journal of International Law (2002), p. 59.
31. The conventional approach taken by the Panel Reports of the two tuna/ dolphin cases were not adopted by the WTO, Appellate Body. In the Appellate Body's 2001 report in the Shrimp-Turtle case, it ruled that WTO Members can use Article XX to justify the "[imposition of] conditions on imports' PPMs to accomplish environmental objectives both outside their jurisdiction and in the global commons" as long as they are applied in ways that do not discriminate between WTO Members. This decision has clarified the application of Article XX and opened the door to the integration of non-product-related PPMs into trade measures.
32. WTO Appellate Body Report, European Communities - Measures Affecting Asbestos and Asbestos-Containing Products, WT/DS135/AB/R (5 April 2001).
33. Philippe Sands, Principles of International Environmental Law (2nd edn: 2003), p. 950. TBT Agreement Article 2.2 provides a list of "legitimate objectives" which includes "the protection of human health or safety, animal or plant life or health, or the environment". It further provides that in assessing the risks to health or the environment, the relevant factors for consideration include "available scientific and technical information, related processing technology or intended end-uses of products".
34. Zhou Mi and Lin Bo, Trade and Environment: Speedily Industrializing China Faces Challenges, China WTO Tribune (WTO Jingji Daokan) 8 (2004), p. 54.
35. Gary P. Sampson, Trade, Environment, and the WTO: The Post-Seattle Agenda (Baltimore, MD: Johns Hopkins University Press, 2000), pp. 18-19.
36. Ian Bailey, New Environmental Policy Instruments in the European Union - Politics, Economics, and the Implementation of the Packaging Waste Directive (London: Ashgate, 2003), pp. 57-87.
37. China Hints at Retaliation Over US Restrictions, New York Times (14 September 1998), p. 4.
38. The Chinese government estimated that US$ 30-40 billion of exports, accounting for 50-65 percent of China's annual export volume to the United States were affected. See US Demand on Chinese Export Packaging Blamed Unfair, China Daily (21 September 1998).
39. China Urges Its Foreign Trade Firms to Improve Wood Packaging, Xinhua News Agency (18 June 1999).
40. Technical Barriers Have Become the Biggest Obstacle for China's Export, press release announced by Wang Hui, Head of the Science and Technology Division of the Ministry of Commerce, and reported by the Xinhua News Agency on 9 June 2003.
41. Also see Taking Effective Measures to Respond to Foreign Technical Barriers, available at the official website of the Division of Science and Technology of the Ministry of Commerce: . Relevant reports are found in a number of media including International Commercial Daily (Guoji Shangbao), 10 June 2003, Xinhua Net, 10 June 2003, and Beijing Morning News (Beijing Chenbao), 11 June 2003.
42. Fu Jingyan, Impacts of Green Barrier on China's Trade and Environment and Reposes, Reform of Economic System 2 (March 2004), pp. 19-20.
43. Generally, agricultural products include grains, fruits, vegetables, livestock products, bird products, aqua-products, tea, etc.
44. During January-March 2002, the Qingdao Customs Office received 505.4 tonnes of frozen chicken returned by foreign importers - a 920 percent increase from the same period.in 2001. The Dalian Customs Office received US$ 1,590,000-worth of agricultural products returned by foreign importers, an increase of 174 percent from the same period in the previous year. See Institute for Environment and Development (IED), China Environment Data Weekly 5 (15 April 2002).
45. Gao Ying and Zhang Xiaowen, Legal Thoughts on Green Barrier and China's Food Safety, 135 Theory Journal 5 (2005), p. 84.
46. To be more specific, the EU has imposed restriction on China's frozen prawns, aqua-products, tea, poultry, fruit juice, etc., the United States has imposed restrictions on China's poultry, aqua-products, honey, etc., and Japan has imposed restrictions on China's vegetables, honey and shell products. China's Agricultural Products Export Suffers Annual Loss of US$ 9 Billion Due to Technical Barriers to Trade, Xinhua News Agency, 4 July 2005;
47. also, see Ninety Percent of China's Agricultural Products Export Enterprises Affected by Technical Barriers, Xinhua Net, 19 September 2005. Both cited statistics from the Ministry of Commerce.
48. Peggy Sito, International Food-Safety Fears a Threat to Chinese Exports, South China Morning Post, 22 July 2002, p. 3.
49. China to Play an Active Role Against "Green Barrier", citing statistics from Ministry of Agriculture of the PRC. Asiainfo Daily China News (18 July 2002), available at Lexis-Nexis.
50. China Expects More Tea Exports, Xinhua Economic News Service (11 March 2002), available at Lexis-Nexis.
51. There are so far 349 pesticide residue standards imposed on tea promulgated by 18 countries and organization in the world. Zhang Xinghai, Wang Yuefei and Yang Xianqiang, Green Barrier and China's Tea Trade, 31 Journal of Tea 2 (2005), p. 105.
52. Yang Licheng, Impacts of Green Barrier on China's Export Trade and the Response, Jingmao Zongheng (June 2005), p. 76.
53. Also see "Green Barrier" Stifles China's Agro Exports, Xinhua General News Service (30 March 2002), available at Lexis-Nexis.
54. China's tea export to EU was 227,700 tons in 2000, 249,700 tons in 2001, and 252,300 tons in 2002. The rate of increase over the previous year has dropped from 9.66 percent in 2001 to 1.04 percent in 2002. Xinghai, Yuefei and Xianqiang, as note 43 above, at p. 105.
55. China's tea export to Japan dropped from 39,600 tons in 2001 to 32,000 tons in 2002. Xinghai, Yuefei and Xianqiang, as note 43 above, at p. 106.
56. EU Standing Veterinary Committee Agrees on Suspension of Imports of Products of Animal Origin from China (IP/02/143), Brussels, 25 January 2002.
57. Rao Lei, Ice to Be Broken: Green Barrier Rings the Alarm Bell of Environmental Protection, 5 Journal of Environmental Economy (May 2004), p. 36.
58. China's Bee Keeping Industry Plunges into Difficulties, Asia Pulse (27 July 2000), available at Lexis-Nexis. China has an annual honey output of 200,000 tons, annual royal jelly output of more than 1,000 tons, annual pollen output of more than 3,000 tons, and annual beeswax output of 2,500 tons.
59. Impact of Technical Barriers on China's Foreign Trade Should Not Be Under-estimated, International Business Daily (Guoji Shangbao), 15 August 2003, available at .
60. In 2004, China's textile materials and products export totalled US$ 88.767 billion. China Statistics Bureau, China Statistics Yearbook (2005), p. 630.
61. This is done through the second amendment to the Consumer Protection Act enacted by the German government in 1994 prohibiting the use of azo dyes.
62. Under the TBT Agreement, it can be understood that the German ban was issued to protect public health. Several studies have demonstrated that certain azo dyes could release carcinogenic and toxic aromatic arnmes that would do harm to human health. Some countries in formulating regulations concerning azo dyes have taken a more cautious approach, as the long-term effects of certain azo dyes on human health and the environment are still unclear.
63. Wang Hui, Analysis of Green Barriers for China's Import and Export Sector, Modern Management Science (Xiandai Guanli Kexue) 9 (2004), p. 114.
64. Zhang Liang, Technical Barriers and China's Trade in Textiles and Clothing, 26 Beijing Textiles 1 (2005), p. 3.
65. These include Suzhou Silk Dyeing Factory, Suzhou No. 2 Silk Dyeing Factory, Shanghai No. 7 Textile Dyeing factory, Shaoxing Silk Dyeing Factory and Huzhou Silk Dyeing Factory.
66. The environmental regulations have not only in various degrees influenced the use of raw materials and intermediate goods but also in many cases forced developing country producers to source materials and technologies from the importing countries imposing such environmental standards in order to gain market access to those developed countries. Xiaoyue Shen, "Impacts of Environmental Standards in EU Countries on China's Textile Industry", in David Runnall et al. (eds), Trade and Sustainability - Challenges and Opportunities for China as a WTO Member (2002), p. 165.
67. According to the investigation of China's major textile exporting companies, during 1995-96, the German ban caused great pressure to many textile, dye and dyeing enterprises and trading companies in China, as their products and exports were impeded because of the ban. Due to many uncertainties of the ban itself and lack of understanding and knowledge of this ban, some producers and exporters in China had to stop exporting the textile products containing azo dyes.
68. Jiang Hong, WTO Entry and the Environmental Barriers Faced by China's Textile Export, 296 Commercial Research 12 (2004), p. 157.
69. Tea exports are generating less foreign currency income in China, with a decrease of 1.44 percent in 2001 and 3.22 percent in 2002. Xinghai Yuefei and Xianqiang, as note 43 above, at pp. 105-106.
70. The one-inch long pest, black with white spots and long black-and-white antennae, is native to China, Japan and Korea and usually found in wood products.
71. China "Strongly Resents" EU Wood Packaging Decision, Xinhua News Agency (8 June 1999);
72. China Complains About EU's Wood Packaging Controls, Xinhua News Agency (11 June 1999);
73. China Urges Its Foreign Trade Firms to Improw Wood Packaging, Xinhua News Agency (18 June 1999).
74. Wanhua Yang, Xiaoyue Shen and Lulian Cheng, "Eco-labelling: Its Implications for China", in David Runnalls et al. (eds), Trade and Sustainability - Challenges and Opportunities for China as a WTO Member (2002), p. 145.
75. By the end of 2001, there were a total of 19,744 State-set product standards, among which only 43.7 percent were on par with advanced international levels. China, Business Daily Update (24 October 2002), available at Lexis-Nexis. This is in sharp contrast with the practice in developed countries. In Japan, the United States, the UK and France, more than 85 percent of the domestic standards were based on international standards. See Zhou Zhengxiang, Empirical Study on the Impact of TBT over China's Export Trade, China Soft Science (Zhongguo Ruankexue) 4 (2005), p. 75.
76. For several decades, there have been no environmental requirements for most of textile products with two exceptions: a maximum amount of 300 ppm formaldehyde is allowed in silk and pure cotton slim cloth exported to foreign markets; and a maximurn 500 ppm of formaldehyde is permitted for the award of a ministerial-level "National Excellent Product".
77. The Measures on the Management of Environmental Standards (Huanjing Biaozhun Guanli Banfa) was promulgated by the State Environmental Protection Administration on 1 April 1999.
78. The Measures on the Management of Environmental Standards, Article 17(1)(iv).
79. The technical standards for the natural plant fibre textiles are the same as those used in the Oeko-Tex standards. The products must be made of natural plant fibre without being dyed. There are also a number of very stringent restrictions on the amount of chemicals allowed in the production process. The products in this category must not be dyed or bleached with chlorine, nor contain chlorophenasic acid and chlorophenosic acid 2, 3, 5 and 6. The standards also limit the use of formaldehyde, the content of derivable heavy metals and ph value of overflows.
80. The Technical Provisions on Basic Safety of Textile Products was promulgated by the State Administration for Quality Supervision, Inspection and Quarantine Control on 1 January 2005. One year's grace period was given to products manufactured prior to 1 January 2005 to be sold in the market.
81. Liao Luxing, State Administration for Quality Supervision, Inspection and Quarantine Control: Export Vegetables and Tea Must Be Produced from Registered Plantation, International Business Daily (Guoji Shangbao) (29 November 2005).
82. The government departments involved in this project include the State Standardization Commission, the State Development and Reform Commission, the Ministry of Agriculture, the Ministry of Commerce, the Ministry of Public Health, the State Quality Inspection Administration and the State Food and Drug Supervision and Administration Bureau. See Converging with the World - Development Plan for Chinese Food Standards 2005, Chinese and Foreign Food (Zhongwai Shipin) 1 (2005), p. 50.
83. The Agricultural Product Safety Law was passed by the 21st meeting of the 10th National People's Congress Standing Committee on 29 April 2006. The Law became effective on 1 November 2006.
84. This measure is to tackle the problem of contamination of agricultural products by heavy metals and toxic substances at the place of planting by industrial wastewater, air pollutants and solid wastes.
85. A very good example is the experience of Jiangshan city of Zhejiang Province, the biggest bee product-manufacturing base in China. Their products were banned from the EU market in January 2002 for high levels of chloramphenicol. Hengliang Bee Product Company, the biggest bee product manufacturer in Jiangshan, suffered over R.MB 5 million yuan as a result of the ban. They took an immediate and proactive strategy to develop organic bee products and to strengthen their research and management. In July of the same year, the enterprise passed the organic food product certification in the EU and has obtained China's first organic food certification from EU, which facilitate its entrance into the EU market without any obstacles. See Huang Yijun and Huang Hui, Response and Revelation of the EU Ban on Chinese Honey, International Trade Issues (Guoji Maoyi Wenti) 2 (2005), p. 120.
86. See also Ye Hui, All for a Suvet Course, Guangming Daily, 7 July 2004, p. 1.
87. The logo, chosen through a public design contest, means "joint effort of the nation to protect the environment on which all human beings depend on".
88. It was jointly established by the State Environmental Protection Administration, the State Bureau of Quality and Technical Supervision, and the State Administration for the Inspection of Import and Export Commodities.
89. In April 1995, the Committee first awarded environmental labels to 18 products of 11 manufacturers in six product categories. By the end of 2001, more than 1,000 products of 300 manufacturers in 41 categories had been awarded environmental labels. Specifications/criteria for 41 product categories have been issued.
90. Notice on the Certification Work of Environmental Label Products in China, issued by the State Environmental Protection Administration on 12 December 2003.
91. By the end of 2003, there were altogether 2,047 enterprises nationwide producing green foods, and 4,030 green food labels issued. The total export of green food reached US$ 1.01 billion. Wu Weihua, Direction of Reform for Chinese Food Standards, Agricultural Products Processing (Nongchanpin Jiagong) 3 (2005), p. 10.
92. "Green Barrier" Stifles China's Agro Exports, Xinhua General News Service (30 March 2002).
93. The Provisions on the Management of Biological Safety of the Genetically Modified Agricultural Products, Article 8. The Provisions was promulgated by the State Council on 23 May 2001, with immediate effect.
94. In accordance with the Provisions on the Management of Biological Safety of the Genetically Modified Agricultural Products, the Ministry of Agriculture promulgated the Methods on the Labelling Management of Genetically Modified Agricultural Products on 5 January 2002 (amended on 1 July 2004), attached with the First Catalogue on Genetically Modified Agricultural Products that includes soybean, maize, cole, cotton and tomato, and their products.
95. Clara Li, Exports Face Challenge of Environment Restrictions, South China Morning Post (3 January 2002), p. 4.
96. Environmental Friendly Label Expands, China Daily (30 September 2004).
97. Li, as note 83 above.
98. Lawmaker Calls for Organic Food Legislation, Xinhua General News Service (4 March 2002). Available at Lexis-Nexis.
99. The Provisions on the Management of Certification in the Green Market was jointly promulgated by the State Certification and Permit Supervision and Management Committee and the Ministry of Commerce on 23 October 2003. It took effect on the same date. Green markets refer to wholesale and retail markets of agricultural products that have been allowed to use green market labels or signs after the certification authorities have examined the markets according to relevant standards and technical requirements. Realizing that developing green farming is an important strategy to overcome the "green barrier", the Ministry of Agriculture is promoting and supporting more than 100 pilot ecological agriculture counties, about 200 national ecological pilot areas and four green agriculture provinces throughout the nation. See Time to Strike with Green Agriculture, China Daily, 5 December 2002.
100. "Zero pollution agricultural products" (wu gonghai nongchanpin) refers to unprocessed or minimally processed agricultural products that have passed the inspection with regard to its production environment, production process and product quality and thereby obtained authentication certicate and the label of "zero pollution agricultural products". In the production of such agricultural products, chemical fertilizers, pesticides, additives, hormones and GM technologies may be used but have to comply with relevant standards and regulations. See the administrative rule Provisions on the Management of Zero Pollution Agricultural Products jointly promulgated by the Ministry of Agriculture and the State Administration for Quality Supervision, Inspection and Qurantine Control on 29 April 2002. A specialized Agricultural Product Quality and Safety Center was established by the Ministry of Agriculture on 14 May 2003 to take charge of the certification of zero pollution agricultural products.
101. "Green Food" in China includes Grade A green food and Grade AA green food. Green A green food imposes restrictions on the use of fertilizer and pesticides that is more strict than "zero pollution agricultural products" and not as strict as "organic food". Grade AA green food prohibits the use of any chemical fertilizer, pesticides, hormone, GM technologies, veterinary drugs, additives and other toxins. Green food is managed and certified by the China Green Food Development Center established in November 1992 under the Ministry of Agriculture in accordance with the Provisions on the Management of Green Food Labels promulgated by the Ministry of Agriculture on 11 January 1993. The relevant standards and regulations not only control the production and processing of the products, but also the safety and quality of the final products.
102. "Organic foods" are agricultural products and the processed products that comply with the State food hygiene standards and the technical guidelines of organic foods. No fertilizer, pesticides, hormone, additives, colouring, preservatives, GM technologies are used in the production and processing of such foods. Organic foods need to be certified by relevant authorities and obtain and use the "organic food" labels on the products. The State Environmental Protection Administration established the Organic Food Development Center in 1994 and promulgated the Provisions on Management and Authentication of Organic Foods on 19 June 2001. In addition, the China Green Food Development Center of the Ministry of Agriculture established the Zhonglu Huaxia Organic Food Authentication Center with the approval of the State Authentication and Approval Supervision Commission.
103. China, Japan Cooperate in Verification of Environmental Signs, Business Daily Update, 30 May 2005, available at Lexis-Nexis. Similar agreements were also signed with Australia and Korea.
104. China to Release New Directory on Packaging of Export, Business Daily Update, 3 March 2006, available at Lexis-Nexis.
105. Law on the Prevention of Environmental Pollution by Solid Wastes, Article 18.
106. Ibid., Article 19.
107. Law on the Promotion of Clean Production, Article 20.
108. For example, the Beijing Municipal Bureau of Commerce sponsored a TBT Database Search System developed by the Beijing WTO Affairs Centre, providing free access for the industry. The System was formally launched at die Beijing WTO Affairs Centre on 28 September 2005, and a press release was issued by the Beijing Municipal Bureau of Commerce on 29 September 2005, available at . A similar system was set up in Shandong province by the Shandong Quality and Technology Supervision Bureau that provides information based on the reporting mechanism under TBT and SPS, mainly including information on foreign technical standards that affect the export trade of Shandong Province, which are aqua-products, poultry and vegetables. The system can be accessed at .
109. Individuals and enterprises can access die Technical Guidance on Export Products free of charge through the official website of the Ministry of Commerce at .
110. Two Projects on Technical Trade Measures of the Ministry of Commerce Have Passed Inspection, press release issued by the Ministry of Commerce on 19 January 2006, available at . The former database was formally launched on 31 March 2006, providing free access to information on the veterinary drugs whose use are permitted by the EU, the United States, Australia and China's major trading partners and the maximum residue levels allowed in animal products. Users including farmers and export enterprises can access the website at maintained by Ministry of Commerce for the latest development of relevant standards.