Laws of the People's Republic of China

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.