Chapter I General Provisions
Article 1 In order to promote the recycling of renewable resources, standardize the development of renewable resources recycling industry, save resources, protect the environment, and achieve sustainable economic and social development, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) on the Promotion of Cleaner Production and the Law of People's Republic of China (PRC) on the Prevention and Control of Environmental Pollution by Solid Waste.
Article 2 The term "renewable resources" as mentioned in these Measures refers to all kinds of wastes that have completely or partially lost their original use value and can regain their use value after recycling and processing.
Renewable resources include scrap metal, waste electronic products, waste electromechanical equipment and its parts, waste paper-making raw materials (such as waste paper and cotton) and waste light chemical raw materials (such as rubber, plastics, pesticide packaging, animal bones and hair). ) and waste glass.
Article 3 Enterprises and individual industrial and commercial households engaged in recycling renewable resources within the territory of People's Republic of China (PRC) (hereinafter referred to as "renewable resource recycling operators") shall abide by these Measures.
Where there are other provisions in laws, regulations and rules on the recycling management of imported solid waste, hazardous waste and scrapped cars, those provisions shall prevail.
Article 4 The state encourages all walks of life and urban and rural residents in the whole society to accumulate and sell renewable resources.
Article 5 The State encourages harmless recycling of renewable resources, and encourages scientific research, technological development and popularization of recycling of renewable resources.
Chapter II Operating Procedures
Article 6 To engage in the business activities of recycling renewable resources, one must meet the requirements of industrial and commercial administration registration and obtain a business license before engaging in business activities.
Article 7 Whoever engages in the business activities of recycling renewable resources shall, within 30 days after obtaining the business license, file with the competent commercial department at the same level of the administrative department for industry and commerce at the place of registration or its authorized institution in accordance with the principle of territorial management.
When the registered items are changed, the renewable resource recycling operator shall go through the formalities of change at the competent commercial department within 30 days from the date of change (industrial and commercial registration items, within 30 days from the date of change).
Article 8 A renewable resource recycling enterprise that recycles productive scrap metal and a renewable resource recycling operator that recycles unproductive scrap metal shall, in addition to filing with the competent commerce department in accordance with Article 7 of these Measures, also file with the public security organ of the local people's government at the county level within 05 days after obtaining the business license.
When the record items change, the operators of renewable resources recycling listed in the preceding paragraph shall go through the change procedures with the public security organs of the people's governments at the county level within 15 days from the date of change (for industrial and commercial registration items, within 15 days from the date of change).
Article 9 When selling productive scrap metal, a production enterprise shall sign an acquisition contract with a renewable resource recycling enterprise. The purchase contract shall stipulate the name, quantity, specifications, recovery period and settlement method of the recycled productive scrap metal.
Article 10 When recycling productive scrap metal, a renewable resource recycling enterprise shall truthfully register its name, quantity, specifications, degree of newness, etc.
If the seller is a unit, it shall examine the certificate issued by the sales unit and truthfully register the name of the sales unit, the name, address and ID number of the agent; If the seller is an individual, the name, address and ID number of the seller shall be truthfully registered.
The retention period of registration materials shall not be less than 2 years.
Eleventh renewable resources recycling operators found stolen goods or suspected stolen goods reported by the public security organs in their business activities, they should immediately report to the public security organs.
The public security organ shall, according to law, detain the stolen goods or articles suspected of stolen goods found by renewable resource recycling operators in their business activities, and make a seizure list. Articles suspected of stolen goods, if found not stolen goods, shall be returned in time according to law; If it is found to be stolen goods after investigation, it shall be handled in accordance with relevant state regulations.
Article 12 The whole process of collection, storage, transportation and treatment of renewable resources shall conform to the relevant national pollution prevention standards, technical policies and technical specifications.
Thirteenth renewable resource recycling operators engaged in second-hand goods acquisition, sales, storage, transportation and other business activities should comply with the relevant provisions of the circulation of second-hand goods.
Fourteenth renewable resources can be recovered by door-to-door, mobile and fixed-point recycling.
Operators of renewable resources recycling can establish information interaction with residents and enterprises through telephone, Internet and other forms to realize convenient and fast recycling services.
Chapter III Supervision and Administration
Article 15 The competent department of commerce is the competent department of renewable resources recycling industry, and is responsible for formulating and implementing industrial policies, standards and development plans of renewable resources recycling industry.
The development and reform department is responsible for studying and proposing policies to promote the development of renewable resources, and organizing the implementation of the popularization and application and industrialization demonstration of new technologies and equipment for the utilization of renewable resources.
Public security organs are responsible for the public security management of renewable resources recovery.
The administrative department for industry and commerce is responsible for the registration management of renewable resource recycling operators and the supervision and management of renewable resource trading market.
The competent administrative department of environmental protection shall be responsible for the supervision and management of the prevention and control of environmental pollution in the process of recycling renewable resources, and punish violations of laws and regulations on the prevention and control of environmental pollution according to law.
The competent administrative department of construction and urban and rural planning is responsible for incorporating renewable resource recycling outlets into urban planning, and investigating and correcting violations of relevant laws and regulations on urban planning and construction management according to law.
Article 16 The Ministry of Commerce shall be responsible for formulating and implementing the industrial policies, standards and development plans of the national renewable resource recycling industry.
The competent commercial departments at or above the county level shall be responsible for formulating and implementing industry development plans and other specific measures within their respective administrative areas.
The competent commercial departments at or above the county level shall set up institutions responsible for the management of renewable resources recycling industry, and be equipped with corresponding personnel.
Article 17 The competent commercial department of a city at or above the county level shall, jointly with the administrative departments of development and reform (economy and trade), public security, industry and commerce, environmental protection, construction, urban and rural planning, formulate the recycling network planning of renewable resources in accordance with the principle of overall planning and rational layout, and according to the specific conditions of local economic development level, population density, environment and resources.
The recycling outlets of renewable resources include various places where community recycling, transit, distribution and processing stop during the recycling process of renewable resources.
Eighteenth transfer of renewable resources storage and disposal across administrative regions shall be handled in accordance with the provisions of Article 23 of the Law of People's Republic of China (PRC) on the Prevention and Control of Environmental Pollution by Solid Wastes.
Nineteenth renewable resources recycling industry association is an industry self-regulatory organization, which performs the following duties:
(a) reflect the suggestions and requirements of enterprises and safeguard the interests of the industry;
(two) to formulate industry self-discipline norms and supervise the implementation;
(three) according to the laws and regulations authorized or entrusted by the competent department, to conduct industry statistics and industry surveys, and publish industry information;
(four) to cooperate with the competent departments of the industry to study and formulate industry development plans, industrial policies and recycling standards.
The renewable resource recycling industry association shall accept the business guidance of the competent department of the industry.
Chapter IV Punishment
Article 20 Whoever engages in the recycling of renewable resources without obtaining a business license according to law shall be punished by the administrative department for industry and commerce in accordance with the Measures for Investigating and Banning Unlicensed Business.
Anyone who goes beyond the business scope approved by the administrative department for industry and commerce shall be punished by the administrative department for industry and commerce in accordance with relevant regulations.
Twenty-first in violation of the provisions of article seventh of these measures, given a warning by the competent department of commerce, ordered to make corrections within a time limit; Refuses to make corrections within the time limit, depending on the seriousness of the case, the operators of renewable resources recycling shall be fined more than 2,000 yuan in 500 yuan, and may make an announcement to the public.
Twenty-second in violation of the provisions of article eighth of these measures, the public security organ of the people's government at the county level shall give a warning and order it to make corrections within a time limit; Refuses to make corrections within the time limit, depending on the seriousness of the case, the operators of renewable resources recycling shall be fined more than 2,000 yuan in 500 yuan, and may make an announcement to the public.
Twenty-third renewable resource recycling enterprises in violation of the provisions of the first and second paragraphs of Article 10 of these measures, the acquisition of productive scrap metal is not truthfully registered, and the public security organs shall be punished according to the relevant provisions of the Measures for the Administration of Public Security of Scrap Metal Acquisition Industry.
Twenty-fourth in violation of the provisions of the third paragraph of article tenth of these measures, the public security organ shall order it to make corrections and impose a fine of more than 500 yuan 1000 yuan.
Twenty-fifth in violation of the provisions of article eleventh of these measures, found stolen goods or suspected stolen goods without reporting to the public security organs, given a warning by the public security organs, fined more than 500 yuan 1000 yuan; Causing serious consequences or incorrigible, punishable by a fine of 5000 yuan and 5000 yuan.
Article 26 If the staff of the relevant administrative departments seriously neglect their duties, abuse their powers, engage in malpractices for selfish ends, accept bribes, and infringe upon the legitimate rights and interests of renewable resource recycling operators, the relevant competent departments shall give corresponding administrative sanctions according to the circumstances; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Article 27 The term productive scrap metal as mentioned in these Measures refers to metal materials and metal products used in production fields such as construction, railways, communications, electric power, water conservancy, oil fields and municipal facilities that have lost all or part of their original use value.
Article 28 These Measures shall be interpreted by the Ministry of Commerce, the 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.
The competent departments of commerce, development and reform (economy and trade), public security, industry and commerce, environmental protection, construction and urban and rural planning of all provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with these measures, formulate detailed implementation rules in combination with the objective reality of local economic development.
Article 29 These Measures shall come into force as of May 1 2007.
Measures for the Administration of Recycling Management of Renewable Resources for the Record
Related basis
Measures for the Administration of Recycling of Renewable Resources (Order No.8, 2007 of the Ministry of Commerce)
According to the spirit of the Notice of Shanghai Municipal Commission of Commerce on Implementing the Registration of Operators of Renewable Resources Recycling in this Municipality, Shanghai Waste Material Recycling Industry Association is entrusted by Shanghai Municipal Commission of Commerce to be specifically responsible for accepting the registration matters, and the district (county) offices shall handle the registration procedures for enterprises engaged in renewable resources recycling business activities in this Municipality according to regulations.
(1) Operators applying for filing shall receive the Registration Form of Shanghai Renewable Resource Recycling Operators for Filing (in triplicate) and the Semi-annual Information Form of Shanghai Renewable Resource Recycling Management (in triplicate) from the work office of the local (county) trade association with the letter of introduction from the unit or the application form for filing and registration, and fill it out carefully according to the provisions, and it is not allowed to copy or duplicate.
(two) the operator will fill in the above list and the following documents, and submit an application for work and registration to the local district (county) industry association within the prescribed time limit.
1. Letter of introduction or application for registration (with official seal);
2. Original and photocopy of business license and tax registration certificate (the original shall be returned after inspection);
3. The original and photocopy of the ID card of the legal representative and agent (the original will be returned after examination);
4, the acquisition of productive scrap metal enterprises, but also need to provide the "productive scrap metal purchase license" and a copy of the original (the original will be returned after the audit);
5. If you are a member of the Association, provide the original and photocopy of the qualification certificate (the original will be returned after examination).
(three) whether the working institutions of industry associations in various districts (counties) are consistent with the information recorded in the registration materials, including the business license, in accordance with the requirements of the Notes for the Record of Renewable Resource Recycling Operators; Check whether the business license and the legal representative's ID card are within the validity period, and sign the opinions in the column of "Opinions of accredited institutions" of the filing application registration form, affix the seal, and send it to the local district (county) competent commercial department.
(IV) After receiving the Registration Form for Filing Application delivered by the office of the trade association, the competent commerce department of each district (county) shall conduct an audit according to the contents stipulated in the Description for Filing of Renewable Resource Recycling Operators, sign the audit opinions in the column of "Opinions of the competent commerce department of the district (county)" and affix the official seal to return to the office of the trade association.
(five) the district (county) trade association office will send the application form for filing and registration and the application materials of the operators applying for filing and registration to the trade association secretariat.
(VI) The secretariat of the trade association shall uniformly number the qualified operators according to the regulations, input the information of the operators into the computer for filing, uniformly print the Registration Certificate of Renewable Resources Recycling (Continued), and uniformly distribute it to the operators who apply for filing through the office. After being signed and sealed by the legal representative, the office will take it back and send it to the secretariat. The Secretariat shall complete the review within 5 working days from the date of receiving the above materials, and go through the registration formalities after the review is correct.
(seven) the municipal, district (county) two-level commercial departments are the administrative departments responsible for filing and registration. Shanghai Waste Material Recycling Industry Association entrusts the Shanghai Municipal Commission of Commerce to handle the filing and registration procedures, and it is necessary to completely and accurately record and save the filing and registration information and materials of renewable resource recycling operators and establish filing and registration files; And before June 10 of each year and June 1 of the following year, summarize the registration information of renewable resource recycling operators in this city, and submit the Registration Statistics of Renewable Resource Recycling Operators in Shanghai to the relevant departments of Shanghai Municipal Commission of Commerce; Each district (county) office shall also collect the registration information of renewable resource recycling operators in this district (county), and submit the Statistical Table of Registration of Renewable Resource Recycling Operators in XX District (county) of Shanghai to the local (county) commerce department. [ 1]