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Ministry of Commerce, Ministry of Finance, Ministry of Construction, Ministry of Railways, Ministry of Communications, General Administration
of Quality Supervision, Inspection and Quarantine, State Environmental Protection Administration
Decree No.5 of Ministry of Commerce, Ministry of Finance, Ministry of Construction, Ministry of Railways, Ministry of Communications,
General Administration of Quality Supervision, Inspection and Quarantine, State Environmental Protection Administration
Decree No.5
The Measures for Administration of Bulk Cement is formulated in accordance with the Cleaner Production Promotion Law of the People’s
Republic of China, hereby promulgated and shall go into effect as of the date of promulgation.
Bo Xilai, Minister of the Ministry of Commerce
Jin Renqing, Minister of the Ministry of Finance
Wang Guangtao, Minister of the Ministry of Construction
Liu Zhijun, Minister of the Ministry of Railways
Zhang Chunxian, Minister of the Ministry of Communications
LI Changjiang, Director of the General Administration of Quality Supervision,
Inspection and Quarantine
Xie Zhenhua, Director of the State Environmental Protection Administration
March 29, 2004
Measures for Administration of Bulk Cement
Article 1
These Measures are formulated to accelerate the development of bulk cement, save resources, protect and improve environment, increase
economic and social benefits and promote sustainable economic and social development, in accordance with the Cleaner Production Promotion
Law of the People’s Republic of China.
Article 2
For the purpose of these Measures, the bulk cement refers to cement which needn’t be packed but may, instead, leave the factory, be
transported, stored in special equipment and used directly.
Article 3
These Measures shall apply to any unit or individual that is engaged in the production, operation, transportation and use of cement
within the territory of the People’s Republic of China.
Article 4
The competent commercial administrative department under the State Council shall be responsible for coordinating the development and
administration of bulk cement throughout the nation. Competent administrative departments under the State Council concerning finance,
construction, railways, communications, quality and technical supervision, as well as environmental protection, shall, according
to their respective functions and duties, be in charge of work related to bulk cement.
Departments designated by local people’s governments at or above the county level shall be responsible for the supervision and administration
of bulk cement under their jurisdiction. Competent administrative departments under local people’s governments at or above the county
level in terms of finance, construction, communications, quality and technical supervision, as well as environmental protection,
shall, according to their respective functions and duties, be in charge of work related to bulk cement.
Offices in charge of bulk cement at all levels shall be responsible for specific administration of bulk cement within their respective
jurisdiction.
Article 5
The competent commercial administrative department under the State Council shall, in conjunction with pertinent departments, formulate
and promulgate a directory on production technologies, processes, equipment and products, which is applicable to bulk cement that
is encouraged by the State for development and ordered by the State to be eliminated within a limit of time.
Article 6
Enterprises manufacturing (including cement clinker grinding stations, the same below) and units using bagged cement shall, in strict
conformity with the Measures for Administration of Collection and Use of Special Funds for Bulk Cement (Cai Zong [2002] No.23) jointly
promulgated by the Ministry of Finance and the State Economic & Trade Commission, pay the special funds for bulk cement.
Article 7
Enterprises manufacturing cement which are newly built, extended or renovated, shall be designed and simultaneously constructed according
to requirements of the capacity to provide cement in bulk at a proportion of more than 70%, and be put into service on schedule.
Enterprises manufacturing cement which are newly built, extended or renovated shall undergo environmental impact assessments.
Article 8
Existing units manufacturing and using cement shall be fitted with equipment for providing and using bulk cement, and the bulk proportion
and realization period shall be determined by competent administrative departments for bulk cement under people’s governments of
various provinces, autonomous regions and municipalities directly under the Central Government.
Article 9
Any enterprise manufacturing cement shall observe provisions of the State regulations on production license administration, and shall
not manufacture bulk cement until having obtained a production license.
Article 10
Enterprises manufacturing cement shall organize the production pursuant to the cement quality management regulations, and shall neither
manufacture nor sell nonconforming bulk cement.
Article 11
Any unit or individual manufacturing, operating, transporting and using bulk cement shall conform to pertinent State measurement provisions.
Article 12
Any unit or individual manufacturing, operating, transporting and using bulk cement shall, subject to the Statistics Law of the People’s
Republic of China, submit relevant statistical reports to competent administrative departments for bulk cement.
Article 13
Any unit or individual manufacturing, operating and using bulk cement must take actions to ensure facilities and premises for manufacturing,
handling, transporting, storing and using bulk cement satisfy requirements on safety and environmental protection.
Article 14
Pertinent departments under local people’s government at or above the county level shall encourage the development of ready-mixed
concrete and ready-mixed mortar and, according to actual situations, prohibit the mixing of concrete on site in city proper within
a time limit, specific provisions concerning which shall be formulated by the competent commercial administrative department under
the State Council jointly with the competent construction administrative department under the State Council.
Article 15
Enterprises manufacturing ready-mixed concrete and ready-mixed mortar must completely use bulk cement, and enterprises manufacturing
cement products shall also actively use bulk cement.
Article 16
Units manufacturing, operating and using bulk cement as well as railway transportation departments for bulk cement shall strengthen
mutual coordination and cooperation, deal well with the dispatch and administration of special bulk cement vehicles, and improve
conveying efficiency of such vehicles.
Article 17
The State shall encourage and promote the development of bulk cement, Pertinent departments of local people’s governments at or above
the county level shall commend and encourage any unit or individual that makes outstanding contributions to the undertaking of bulk
cement.
Article 18
Where special funds for bulk cement are not fully paid in time, in violation of Article 6 of these Measures, penalties shall be given
by pertinent departments subject to relevant provisions of Chapter 4 under the Measures for Administration of Collection and Use
of Special Funds for Bulk Cement.
Article 19
If Article 10 , 11,12 and 13 of these Measures are violated, penalties shall be given by departments concerned in accordance with
such related laws and regulations as the Quality Law of the People’s Republic of China, the Measurement Law of the People’s Republic
of China, the Statistics Law of the People’s Republic of China, the Safe Production Law of the People’s Republic of China and the
Environmental Protection Law of the People’s Republic of China.
Article 20
Should Article 14 hereof be contravened by discretionarily mixing concrete on site, penalties shall be given by related departments
in conformity with relevant provisions.
Article 21
An enterprise manufacturing ready-mixed concrete and ready-mixed mortar, if failing to use bulk cement or failing to do so completely
in violation of Article 15 hereof, shall be ordered to make rectifications by competent construction administrative departments,
and may be imposed a fine of RMB 100 yuan per cubic meter of concrete or RMB 300 yuan per ton of bagged cement, in a total amount
not more than RMB 30,000 yuan.
Article 22
Competent administrative departments for bulk cement at all levels shall give cooperation to pertinent competent administrative departments
in dealing well with administrative law enforcement and penalties concerning bulk cement and ready-mixed concrete.
Article 23
For the purpose of these Measures, the ready-mixed concrete (mortar) (also named commercial concrete or mortar) refers to concrete
(mortar) mixture which is transported to places of uses after having been made by measuring in a centralized manner and mixing according
to certain components, the cement, aggregate, water, as well as admixtures and additives that are required to be added into.
The capacity to provide bulk cement as used herein refers to the proportion of stock inventory of bulk cement in the capacity of cement
warehouse.
Article 24
The Ministry of Commerce shall, in conjunction with pertinent departments, be responsible for the interpretation of these Measures.
Article 25
These Measures shall go into effect as of the date of promulgation.
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