| Decree No.8, 2007 of Ministry of Commerce on Promulgating Measures for Administration of Renewable Resources No.8  The Measures for Administration of Renewable Resources have been deliberated and approved at the 5th ministerial meeting of Ministryof Commerce on May 17, 2006, and ratified by National Development and Reform Commission, Ministry of Public Security, Ministry of
 Construction, State Administration for Industry and Commerce and State Environmental Protection Administration. They are hereby announced
 and shall enter into force as of May 1, 2007.
 Minister: Bo Xilai
 
Director: Ma Kai  
Minister: Zhou Yongkang  
Minister: Wang Guangtao  
Director: Zhou Bohua  
Director: Zhou Shengxian  
Mar 27, 2007  Measures for Administration of Renewable ResourcesChapter 1 General Rules
 Article 1    For purposes of promoting recovery of renewable resources, regulating development of renewable resources recovery industry, economizingresources, protecting environment and realizing economic and social sustainable development, these Measures are formulated under
 the Law of Clean Production Promotion of the People’s Republic of China and Law on the Prevention and Control of Environmental Pollution
 by Solid Wastes and other relevant laws and regulations.
 Article 2    The renewable resources as mentioned in these Measures refer to all kinds of wastes that are generated in social production and livingand consumption, and that have lost all or part of their use value, but can regain use value through recovery and processing.
 Renewable resources include metallic scrap, discarded electronic products, mechanical and electric equipments and parts, waste papermaking materials (such as waste paper and cotton), waste materials for light chemical industry (such as rubber, plastics, packing
 of pesticide, animal bones and hairs) and waste glass as well.
 Article 3    Enterprises and owners of self-employed businesses who undertake business of renewable resources recovery within the territory ofthe People’s Republic of China (hereinafter referred to as “business operator of renewable resources recovery”) shall comply with
 these Measures.
 Where it is otherwise provided in other laws and regulations in terms of the administration on recovery of imported solid wastes,hazard wastes and discarded automobiles, such provisions shall prevail.
 Article 4    The state encourages people from all circles as well as urban and rural areas to accumulate and sell renewable resources.  Article 5    The state encourages renewable resources recovery and disposal of innocuity. Relevant scientific research, technical developmentand promotion are also encouraged.
 
Chapter 2 Operation Rules Article 6    To engage in renewable resources recovery business, an enterprise must meet the registration requirements of industrial and commercialadministration. It can start business only after getting business licenses.
 Article 7    Operators engaging in renewable resources recovery business shall be filed with departments of commercial administration or authorizedinstitutions thereof which shall be the same level with the departments of industrial and commercial administration where they are
 registered in line with the principal of dependency administration within 30 days after obtaining business license.
 In case of any alteration, operators of renewable resources recovery business shall go through formalities of alteration with departmentsof commercial administration within 30 days as of the alteration (those belonged to industrial and commercial registration shall
 be filed in 30 days since the alteration of industrial and commercial registration).
 Article 8    Enterprises engaging in recovery of producing waste metals and operators of non-producing waste metals shall register with publicsecurity organs of the people’s government of the county level within 15 days after obtaining business in addition to registration
 with departments of commercial administration in accordance with article 7  of these Measures.
 In case of any alteration of registered items, operators of renewable resources as mentioned in the preceding paragraph shall go throughalteration formalities with public security organs of the people’s government of the county level within 15 days as of the alteration
 (where an item falls within the industrial and commercial registration, it shall be dealt with within 15 days as of the alteration
 of industrial and commercial registration).
 Article 9    A producing enterprise and an enterprise of renewable resources recovery shall trade the producing waste metals by means of contractof purchase, in which Such matters as the name, quantity, specifications, recovery terms, and settlement of producing waste metal
 shall be specified.
 Article 10    When reclaiming producing waste metals, an enterprise of renewable resources recovery shall according to the facts, conduct registrationof the name, quantity, specifications as well as the aging degree.
 As regards an entity seller, the certification issued thereby shall be checked, and record the name of the entity and the name, addressand ID card number of the preparer shall be registered according to the facts; as regards an individual seller, the name, address
 and ID card number thereof shall be registered according to the facts.
 The registration materials shall be kept for at least 2 years.  Article 11    If any stolen goods or suspected stolen goods wanted by public security organs are found in business activity, enterprises of renewableresources recovery shall report to public security organs immediately.
 The public security organs shall seize stolen goods or suspected stolen goods found in business operation of renewable resources recoveryin accordance with law and list the seized goods. If the suspected stolen goods are proved of no stolen goods, they shall be returned
 in time; those proven to be stolen goods shall be dealt with in line with the state regulations.
 Article 12    The whole process of collecting, storage, transportation and disposal of renewable resources shall be carried out in accordance withthe relevant pollution prevention standards, technical policies and the state specifications.
 Article 13    Business operators of renewable resources shall comply with relevant regulations of second hand goods circulation to undertakingbusiness of second-hand goods purchase, sales, storage and transportation.
 Article 14    The recovery of the renewable resources may be carried out by means of door-to-door recovery, itinerant recovery and recovery atcertain places.
 Business operator of recovery of the renewable resources may contact residents and enterprises by means of phone and internet so asto provide convenient and quick recovery.
 
Chapter 3 Supervision and Administration Article 15    Departments of commercial administration are in charge of the industry of renewable resources recovery, and responsible for stipulationand implementation of industrial policies of renewable resources recovery, recovery standards and program of recovery industry development
 as well.
 Departments of development and commission are responsible for research and putting forward policies to promote development of renewableresources, organize to adopt new technologies, promote application of new facilities and carry out industrialization demonstration.
 Public security organs are in charge of management of public security of renewable resources recovery.  Departments of industrial and commercial administration are responsible for registration administration on business operators of renewableresources recovery, and supervision and administration on trade market of renewable resources.
 Departments of environmental protection are responsible for supervision and administration on work of environmental pollution preventionduring process of recovery.
 Departments of construction and town and country planning are in charge of bringing renewable resources recovery net into the cityplanning, as well as examining and rectifying violations of relevant regulations on city planning and construction administration.
 Article 16    Ministry of Commerce is responsible for stipulation and implementation of industrial policies of renewable resources recovery, recoverystandards and program of recovery industry development as well.
 Departments of commercial administration above county-level are responsible for stipulation and implementation of specific industrialdevelopment program and other measures in the region of administration.
 Departments of commercial administration above county-level shall set up authorities in chare of the administration of renewable resourcesrecovery industry and assign the relevant personnel.
 Article 17    Departments of commercial administration above county-level shall, in collaboration with department of development and reform (economicand trade), public security, industry and commerce, environmental protection, construction, rural and urban planning, formulate program
 of renewable resources recovery net in line with specific status of development level of local economy, population density, environment
 and resource as well according to principals of overall planning and rational distribution.
 Renewable resources recovery nets include all kinds of places where the renewable resources are reclaimed, transferred, distributedand processed.
 Article 18    When trans-regional transferring is needed for storage and disposal, administrative license shall be dealt with in accordance withArticle 23  of Law on the Prevention and Control of Environmental Pollution by Solid Wastes.
 Article 19    An association of renewable resources recovery industry is an industrial self-discipline organization, which shall perform the followingduties:
 
(1) to feedback suggestions and requirements of enterprises and safeguard industrial interest;  
(2) to formulate criterions of self-discipline and supervise the implementation;  
(3) to carry out industrial statistics, survey if authorized by laws and regulations or administrative department, and release industrialinformation; and
 
(4) to cooperate administrative departments to carry out research and stipulate industrial development program, policies and recoverystandard.
 Associations of renewable resources recovery industry shall follow instructions of the relevant administrative departments.  
Chapter 4 Penalty Rules Article 20    Enterprises or individuals undertake renewable resources recovery without business license shall be punished by department of industrialand commercial administration in accordance with Measures on Investigating, Punishing and Stamping out Operation without Business
 License.
 If an enterprise engages in what are beyond the business scope approved by industrial and commercial departments, it shall be imposedupon a punishment according to the relevant regulations.
 Article 21    Those who violate regulations of Article 7  of these Measures should be warned by departments of commercial administration and orderedto correct in definite time period; those who refuse to correct shall be fined no less than 500 yuan and no more than yuan according
 to specific conditions. Departments of commercial administration may also announce the violation to the public.
 Article 22    Those who violate regulations of Article 8  of these Measures should be warned by public security organs and ordered to correct indefinite time period; those who refuse to correct shall be fined no less than 500 yuan and no more than yuan according to specific
 conditions. Public security organs may also announce the violation to the public.
 Article 23    Public security organs shall punish enterprises of renewable resources recovery that go against Paragraph 1 and Paragraph 2 of Article10  of these Measures and fail to register the true information when producing waste metals in line with relevant regulations of
 Measures for Administration on Pubic Security of Waste Metal Purchasing Industry.
 Article 24    Those who go against Paragraph 3 of Article 10  of these Measures shall be ordered by public security organs to correct and be finedno less than 500 yuan and no more than 1000 yuan.
 Article 25    Those who go against Article 11  of these Measures and fail to report to public security organs after finding stolen goods or suspectedstolen goods shall be warned and imposed upon a fine of no less than 500 yuan and no more than 1000yuan; those who cause serious
 consequences or refuse to mend their ways despite repeated admonitions shall be imposed upon a fine of no less than 1000 yuan and
 no more than 5000 yuan.
 Article 26    In case of graft or serious dereliction of duty, abuse of power, practicing favouritism and taking bribes on the part of any personnelof administrative departments harming interests of business operators of renewable resources, , the relevant departments shall impose
 administrative punishment upon the said personnel in line with specific situations. Where a crime is constituted, the said personnel
 shall be subject to criminal liabilities under law.
 
Chapter 5 Supplementary Rules Article 27    The term “producing waste metal” as mentioned in these Measures refers to metal materials and metals products that are used in construction,railway, communication, electric power, water conservancy, oil field, public utilities and other fields, and now lose all or part
 of use value.
 Article 28    These Measures are subject to the interpretation of Ministry of Commerce, National Development and Reform Commission, Ministry ofPublic Security, State Administration for Industry and Commerce, State Environmental Protection Administration and Ministry of Construction.
 Departments of commercial administration above county-level shall, together with department of development and reform (economic andtrade), public security, industry and commerce, environmental protection, construction, rural and urban planning of all provinces,
 autonomous regions and municipalities may, pursuant to these Measures, formulate detailed rules for implementation with reference
 to real situation of local economic development.
 Article 29    These Measures shall enter into force as of May 1, 2007.  |