management of renewable resource recovery.
Departments of industrial and commercial administration are responsible for registration administration on business operators of renewable resource 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 prevention during process of recovery.
Departments of construction as well as urban and rural planning are in charge of bringing renewable resource recovery networks into the city planning, as well as examining and rectifying violations of relevant regulations on city planning and construction administration.
Article 16 The Ministry of Commerce is responsible for formulation and implementation of industrial policies of renewable resource recovery, recovery standards and planning of recovery industry development as well.
Departments of commerce above county level are responsible for formulation and implementation of specific industrial development planning and other measures in their own regions.
Departments of commerce above county level shall set up insitutions in chare of administration of renewable resource recovery industry and assign the relevant personnel.
Article 17 Departments of commerce above county level shall, in collaboration with departments of development and reform (economic and trade), public security, industry and commerce, environmental protection, construction, urban and rural planning, formulate planning of renewable resource recovery networks in line with specific status of local economic development level, population density, environment and resources as well, according to principles of overall planning and rational distribution.
Renewable resource recovery networks shall include all kinds of places where the renewable resources are reclaimed, transferred, collected and distributed and processed.
Article 18 When trans-regional transferring is needed for storage and disposal of renewable resources, administrative licenses shall be obtained in accordance with Article 23 of the Law on Prevention and Control of Environmental Pollution by Solid Wastes.
Article 19 An association of renewable resource recovery industry is an industrial self-discipline organization, which shall perform the following duties:
(1) To report suggestions and requirements of enterprises and safeguard industrial interests;
(2) To formulate criteria of industrial self-discipline and supervise the implementation;
(3) To carry out industrial statistics and survey and release industrial information if authorized by laws and regulations or administrative departments in charge; and
(4) To cooperate with administrative departments in charge to carry out research and formulate industrial development planning, policies and recovery standards.
Associations of renewable resource recovery industry shall follow instructions of the relevant administrative departments in charge.
Chapter IV Penalty Rules
Article 20 Enterprises or individuals undertaking renewable resource recovery without business licenses shall be punished by departments of industrial and commercial administration in accordance with the Measures on Investigating, Punishing and Stamping out Operation Without Business License.
If an enterprise engages in what is beyond the business scope approved by the industrial and commercial departments, it shall be imposed upon 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 commerce and ordered to correct in certain time period; those who refuse to correct during the time limit shall be fined no less than 500 yuan and no more than 2,000 yuan according to specific conditions. Departments of commerce 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 at the county level and ordered to correct in certain time period; those who refuse to correct during the time limit shall be fined no less than 500 yuan and no more than 2,000 yuan according to specific conditions. Public security organs may also announce the violation to the public.
Article 23 Public security organs shall, in line with relevant regulations of the Measures for Administration on Pubic Security of Waste Metal Purchasing Industry, punish enterprises of renewable resource recovery that go against Paragraph 1 and Paragraph 2 of Article 10 of these Measures and fail to register the true information when recovering producing waste metals.
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 fined no less than 500 yuan and no more than 1,000 yuan; those who cause serious consequences or refuse to correct despite repeated admonitions shall be fined no less than 1,000 yuan and no more than 5,000 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 suspected stolen goods shall be warned and imposed upon a fine of no less than 500 yuan and no more than 1,000 yuan; those who cause serious consequences or refuse to correct despite repeated admonitions shall be imposed upon a fine of no less than 1,000 yuan and no more than 5,000 yuan.
Article 26 In case of serious neglecting of duty, abuse of power, practicing favoritism and taking bribes committed by any personnel of administrative departments, harming interests of business operators of renewable resource recovery, 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 V Supplementary Rules
Article 27 The term "producing waste metals" as mentioned in these Measures refers to metal materials and metal products that are used in construction, railway, communications, 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 the Ministry of Commerce, the National Development and Reform Commission, the Ministry of Public Security, the State Administration for Industry and Commerce, the State Environmental Protection Administration and the Ministry of Construction.
Departments of commerce, development and reform (economic and trade), public security, industry and commerce, environmental protection, construction, urban and rural 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.
(Not the official translation. Source: www.fdi.gov.cn) |