Article 1 to promote recycling of renewable resources, regulate the development of the recycling industry of renewable resources, save resources, protect the environment, and realize the sustainable development of the economy and society, according to the "Chinese People's Republic of China *** and the State Cleaner Production Promotion Act", "Chinese People's Republic of China *** and the State Solid Waste Pollution Prevention and Control Act" and other laws and regulations, to formulate the present measures.
Second the renewable resources referred to in these measures, refers to the social production and consumption of life in the process of production, has lost all or part of the original use of value, after recycling, processing and treatment, to enable it to regain the use of value of all kinds of waste.
Renewable resources include scrap metal, end-of-life electronic products, end-of-life electromechanical equipment and its parts, waste paper raw materials (such as waste paper, waste cotton, etc.), waste light chemical raw materials (such as rubber, plastics, pesticide packaging, animal bones, hair, etc.), waste glass and so on.
Article 3 in the Chinese people's **** and the State engaged in recycling business activities of enterprises and individual entrepreneurs (collectively referred to as "recycling operators") shall comply with these measures.
Laws, regulations and rules on the import of solid wastes as raw materials, hazardous wastes, end-of-life automobiles recycling management of other provisions, from its provisions.
Article IV of the state encourages all walks of life and urban and rural residents to accumulate and sell renewable resources.
Article 5 The State encourages the recycling and treatment of renewable resources in an environmentally sound manner, and encourages the development of scientific research, technological development and promotion of the recycling and treatment of renewable resources.
Chapter II rules of business
Article VI engaged in recycling of renewable resources business activities, must comply with the conditions of registration of the industrial and commercial administration, after receiving a business license, before engaging in business activities.
Article VII engaged in recycling of renewable resources business activities, should be obtained within 30 days after the business license, according to the principle of territorial management, to the registration of the industrial and commercial administration at the same level as the competent department of commerce or its authorized agencies for the record.
Record matters change, the recycling operators should be changed within 30 days from the date of change (belonging to the industrial and commercial registration matters from the date of change of industrial and commercial registration within 30 days) to the competent department of commerce for change procedures.
Article VIII of the recycling of productive scrap metal recycling enterprises and recycling of unproductive scrap metal recycling operators, in addition to the provisions of Article 7 of these measures should be in accordance with the competent departments of commerce for the record, but also in the acquisition of the business license within 15 days after the county people's government to the local public security organs for the record.
The filing of changes in the matter, the recycling operators listed in the preceding paragraph shall, within 15 days from the date of change (belonging to the industrial and commercial registration matters from the date of change of industrial and commercial registration within 15 days) to the public security organs of the people's government at the county level for the change of procedures.
Article IX of the production enterprises should be through the purchase contract with the renewable resources recycling enterprises to sign a purchase contract for the delivery of productive scrap metal. Acquisition contract should be agreed in the recovery of productive scrap metal name, quantity, specifications, recycling period, the settlement method.
Article 10 of the recycling business recovery of productive scrap metal, should be the name of the item, the number of specifications, new and old degree of truthful registration.
Sellers for the unit, should check the certificate issued by the selling unit, and truthfully register the name of the selling unit, the name of the person in charge, address, identity card number; sellers for the individual, should truthfully register the seller's name, address, identity card number.
Registration information retention period shall not be less than two years.
Article XI of renewable resources recycling operators found in the business activities of the public security organs to inform the search for stolen goods or items suspected of stolen goods, shall immediately report to the public security organs.
The public security organs of renewable resources recycling operators in business activities found in the stolen goods or suspected stolen goods shall be seized in accordance with the law, and make a list of seizure. Suspected stolen goods are not stolen goods shall be returned in a timely manner in accordance with the law; after investigation is indeed stolen goods, in accordance with the relevant provisions of the state.
Article XII of the collection of renewable resources, storage, transportation, treatment and other processes should comply with relevant national pollution prevention and control standards, technical policies and technical specifications.
Article XIII of the recycling of renewable resources operators engaged in the purchase of old goods, sales, storage, transportation and other business activities should comply with the relevant provisions of the circulation of old goods.
Article XIV of the recycling of renewable resources can be taken door-to-door recycling, mobile recycling, fixed location recycling and other ways.
Recycling operators can establish information interaction with residents and enterprises through telephone, Internet and other forms of convenient and fast recycling services.
Chapter III Supervision and Administration
Article 15 of the competent department of commerce is the industry of renewable resources recycling authority, responsible for the development and implementation of renewable resources recycling industrial policy, recycling standards and recycling industry development planning.
Development and reform departments are responsible for researching and proposing policies to promote the development of renewable resources, and organizing and implementing the promotion and application of new technologies and equipment for the utilization of renewable resources and industrialization demonstration.
The public security organs are responsible for the recycling of renewable resources security management.
Administration for industry and commerce is responsible for the registration and management of renewable resources recycling operators and supervision and management of renewable resources trading market.
Environmental protection administration is responsible for the prevention and control of environmental pollution in the process of recycling of renewable resources supervision and management, in accordance with the laws and regulations on the prevention and control of pollution of the environment in violation of the act of punishment.
Construction, urban and rural planning administration is responsible for renewable resources recycling outlets into the urban planning, according to law on the violation of urban planning, construction management laws and regulations related to the behavior of investigation and clean up and rectification.
Article XVI of the Ministry of Commerce is responsible for the development and implementation of nationwide recycling of renewable resources, industrial policy, recycling standards and recycling industry development planning.
The competent departments of commerce at or above the county level are responsible for the development and implementation of specific industry development planning and other specific measures within the administrative region.
Competent departments of commerce at or above the county level shall set up institutions responsible for the management of renewable resources recycling industry, and equipped with the appropriate personnel.
Article XVII of the county-level cities above the competent department of commerce shall, in conjunction with the development and reform (economic and trade), public security, industry and commerce, environmental protection, construction, urban and rural planning, and other administrative departments, in accordance with the principle of integrated planning, rational layout, according to the local level of economic development, population density, environment and resources, and other specific circumstances, to develop renewable resources recycling outlets planning.
Recycling outlets, including community recycling, transfer, distribution, processing and treatment of recycling process of renewable resources to stay in various types of places.
Article 18 of the cross-administrative transfer of renewable resources for storage, disposal, shall be in accordance with the "Chinese People's *** and the State Solid Waste Pollution Prevention and Control Law," Article 23 of the provisions of the administrative licensing.
Article 19 of the Recycling Resources Recycling Industry Association is an industry self-regulatory organizations, to perform the following duties:
(1) reflect the suggestions and requirements of enterprises, and safeguard the interests of the industry;
(2) formulate and supervise the implementation of the industry's self-regulatory norms;
(3) by the laws and regulations authorized or entrusted by the competent departments, industry statistics, industry surveys, and the release of industry information;
(d) cooperate with the competent authorities in the industry to study and formulate industry development planning, industrial policy and recycling standards.
Recycling industry associations should accept the business guidance of the competent industry departments.
Chapter IV penalties
Article 20 does not obtain a business license without authorization to engage in the business of recycling of renewable resources, by the administration for industry and commerce in accordance with the "unlicensed operation of the investigation and suppression measures" shall be punished.
Where the business scope beyond the approval of the administration for industry and commerce, the administration for industry and commerce shall be punished in accordance with the relevant provisions.
Article 21 violates the provisions of Article 7 of these measures, the competent department of commerce to give a warning, and ordered to make corrections within a certain period of time; refused to make corrections, depending on the severity of the case, the renewable resources recycling operators shall be fined 500 yuan or more than 2,000 yuan or less, and may be announced to the community.
Article 22 violates the provisions of Article 8 of these measures, the public security organs of the people's governments at the county level to give a warning, and ordered to make corrections within a certain period of time; refused to make corrections, depending on the severity of the case, the renewable resources recycling operators shall be subject to a fine of more than 500 yuan of 2,000 yuan, and may be announced to the community.
Article 23 of the renewable resources recycling enterprises in violation of the provisions of Article 10, paragraphs 1 and 2, the acquisition of productive scrap metal is not truthfully registered, by the public security organs in accordance with the "scrap metal purchasing industry, public security management measures" of the relevant provisions of the penalty.
Article 24 violates the provisions of the third paragraph of Article 10 of these Measures, the public security organs shall order correction and impose a fine of 500 yuan or more than 1,000 yuan.
Article 25 in violation of the provisions of Article 11 of these Measures, the discovery of stolen goods or items suspected of being stolen and not reported to the public security organs, the public security organs to give a warning, and impose a fine of 500 yuan or more than 1,000 yuan or less; cause serious consequences or repeat offenders, shall be punished by a fine of 1,000 yuan or more than 5,000 yuan or less.
Article 26 of the relevant administrative department staff serious dereliction of duty, abuse of power, favoritism, accepting bribes, infringing on the legitimate rights and interests of renewable resources recovery operators, the relevant competent department shall, depending on the circumstances, be given the appropriate administrative sanctions; constitutes a crime, shall be investigated for criminal responsibility.
Chapter V Supplementary Provisions
Article 27 of the measures referred to in the "productive scrap metal", refers to the construction, railroads, communications, electric power, water conservancy, oil fields, municipal facilities and other production areas, has lost the original value of all or part of the use of metal materials and metal products.
Article 28 of these measures by the Ministry of Commerce, Development and Reform Commission, the Ministry of Public Security, the State Administration for Industry and Commerce, the State Environmental Protection Administration, the Ministry of Construction is responsible for the interpretation.
Provinces, autonomous regions and municipalities directly under the Central Business, Development and Reform (economic and trade), public security, industry and commerce, environmental protection, construction, urban and rural planning authorities can be based on these measures, according to the objective reality of local economic development, the development of implementation details.
Article 29 of these measures since May 1, 2007 shall come into force.