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The state council on promoting the sustainable and healthy development of rare earth industry several opinions
Published:2011-5-20

The provinces, autonomous regions and municipalities directly under the central government, ministries under the state council, directly affiliated institutions:

     Rare earth is one of the important strategic non-renewable resources, in new energy, new materials, energy conservation, environmental protection, aerospace, electronic information and other fields increasingly widely used. Effective protection and rational utilization of rare earth resources, to protect the environment, accelerate to develop strategic emerging industries and transform and upgrade traditional industries, promote the sustained and healthy development of rare earth industry, has the very vital significance. After years of development, China's rare earth mining, smelting separation and application technology research and development made great progress, the industrial scale expands unceasingly. But the rare earth industry development still exist in the prohibition of illegal mining, smelting separation capacity expansion too fast, the ecological environment destruction and serious resource waste, high-end application development lags behind, the export order more chaos, seriously affect the healthy development of the industry. To further improve the recognition of the importance of effective protection and rational utilization of rare earth resources, take effective measures to strengthen the management of the rare earth industry, to speed up the transformation of the mode of rare earth industry development, promote the sustained and healthy development of rare earth industry. Now put forward the following opinions:

One, clear guiding ideology, basic principle and development goals

(a) the guiding ideology. With deng xiaoping theory and "three represents" important thought as guidance, further implement the scientific concept of development, speed up the transformation of the mode of rare earth industry development, promote the rare earth industrial structure adjustment, strictly control the mining and smelting separation ability, develop rare earth new materials and application of industry, to further consolidate and exert the important role of rare earth strategic basic industries, to ensure the sustained and healthy development of rare earth industry.

(2) the basic principles. Stick to protect environment and save resources, implement more stringent protective mining policy for rare earths and ecological environment protection standard, improve the rare earth management laws and regulations as soon as possible, in accordance with the law to crack down on all kinds of illegal behavior; Insisted on total control and optimize the stock, speed up the big enterprise group strategy, actively promote technology innovation, enhance the level of mining, smelting and application technology, backward production capacity, further improve the rare earth industry concentration; Adhere to the overall domestic and international two markets and two resources, actively carry out international cooperation; Adhere to coordinated with the local economic and social development, correctly handle the relationship between local and overall, the current and long-term.

(3) the development goals. In 1-2 years time, to establish a normative and orderly, smelting separation and rare earth resources development market circulation order, disordered mining resources, ecological environment deterioration, blind expansion of production and export effectively curb the rampant smuggling conditions; Basic formation in large enterprises as the leading pattern of rare earth industry, south of ionic type rare-earth industry's top three enterprise group industrial concentration above 80%; The development of new products and new technology applied to speed up the pace, support and assurance of the rare earth new materials on the downstream industry are obviously play; Preliminary will establish a unified, standardized and highly efficient rare earth industry management system, further improve relevant policies and laws and regulations. Again in 3 years time, further perfect the systems and mechanisms, forming reasonable development, orderly production, efficient utilization, advanced technology and intensive development of sustainable and healthy development of rare earth industry pattern.

Second, establish and improve the regulatory system, strengthen and improve management of the industry

(4) strict admittance of rare earth industry management. Implement more stringent protective mining policy for rare earth resources and ecological environment protection standards, strict access for the industry and environment. Accelerate development and improve the rare earth mining and production standards and a clear separation of rare earth mines and smelting enterprise product quality, process equipment, production scale, energy consumption, comprehensive utilization of resources, environmental protection, clean production, production safety and social responsibility of entry requirements. Implementing strict environmental access system, strictly enforce the rare earth industrial pollutants emission standards, to develop rare earth industry environment risk assessment system.

(5) improve the rare earth mandatory production planning management. Strict mandatory rare earth production planning, order and regulation system. Strengthen the planning such as mining, smelting separation, export between each other. Separation of rare earth smelting enterprises implement production license. Establish a rare earth mining, smelting separation and product flow parameter and the special invoice management system. Mining, smelting separation is realized by using information technology, export enterprise network, implement the online monitoring.

(6) improve the rare earth export enterprise qualification threshold. Rare earth export enterprises must conform to the planning, industrial policy, industry access, such as environmental protection standard requirements. To further improve the rare earth export enterprise qualification standards. To strengthen the supervision and management of export enterprises, strengthen self-discipline, to exist from illegal channels purchasing products export and other illegal ACTS seriously disturb the order of export enterprises, the corresponding legal liability shall be pursued in accordance with the law.

(7) in order to strengthen the management of rare earth exports. According to the limit ", high-energy-consuming and resource-dependent "product export energy-consuming, high pollution and resource of the relevant policies, while strictly control the total quantity of the rare earth mining and production, strict control of rare-earth metals, oxides and salts and rare earth alloy primary products exports, the production, the production, consumption and export restrictions should be synchronized. Overall consideration of domestic resources and production situation, consumption, and the international market, reasonable annual amount of export quotas. Perfect the export quota allocation, punish severely to resell export quotas. Refining rare earth products id number and the customs commodity code, and rare earth products listed in the catalogue of legal inspection. Strict customs control, and standardize management of the enterprise to declare, complete inspection methods and means and the customs to strengthen the customs line inspection, testing equipment investment, establish a mining, production and export the linkage system between enterprises. Strengthen the rare earth industry after entry enterprise supervision and management of production and operation, to prevent any exports of rare earth products.

(8) and improve the regulation and control measures such as tax, price. A substantial increase in rare earth resources tax standards, inhibition of resources exploitation. Rare earth products price formation mechanism reform, increase the intensity of policy, gradually realizing the unity of the price and value of rare earths. To carry out the mine ecological environment control and ecological restoration margin system, strict enterprise ecological environment protection and recovery of economic responsibility.

(9) conscientiously implement the relevant laws and regulations and institutions. Strict enforcement of mineral resources, the provisions of the customs law and other relevant laws and regulations in accordance with the law to strengthen the exploration of the rare earth mining, smelting, processing, circulation of products, application, management of strategic reserves, import and export. To study and establish or improve the rare earth rare metals such as management of the relevant laws and regulations.

Third, the rectification of rare earth in accordance with law, to safeguard the good order of the industry

(10) resolutely crack down on illegal mining and mining super control indicators. The ministry of land and resources to further consolidate the rare earth mineral development order rectification, stepping up efforts in supervising prospecting and exploitation of rare earth, strict mining index of total amount control management, to strengthen the joint control of key areas for producing rare earths. Determined to combat illegal mining, it is strictly forbidden mining control indicators, to be listed supervisory major cases of the illegal mining, enterprise and related personnel responsibility shall be pursued in accordance with the law. Review has been issued by the exploration and mining licenses, publish to the society legal mining companies list. We will accelerate the establishment of a specification the long-term mechanism of rare earth mining order and regulation.

(11) determined to crack down on illegal production and overproduce. The ministry of industry and information technology to jointly with relevant departments to develop rare earth production rectification of immediate action, the legal manufacturer list to the society, strengthen the national rare earths command the supervision and inspection of the implementation of production plan. For unplanned, overproduce enterprise shall be ordered to stop the national mandatory plan management of production and sources of trace minerals, the illegal acquisitions and sales of enterprises shall be penalized in accordance with the law, cancel the production license and sale qualification, and the change of the registration by the administrative department for industry and commerce within a time limit, the cancellation of registration or revoke the business license in accordance with the law.

(12) resolutely combating ecological damage and environmental pollution. Environmental protection department immediately to separation of rare earth mining and smelting enterprises to carry out environmental protection special action, strictly implements national and local standards. Without the approval of eia of construction project, shall stop construction and production. To no pollution prevention facility and the excess emissions of pollution control facilities operation is not normal, or more than the key pollutant total amount control index of the enterprises, in accordance with the law shall be ordered to close immediately, deadline governance, fails to complete the task, note (hanging) pin relevant licenses in accordance with the law.

(13) determined to crack down on illegal rare earth export and smuggling. The general administration of customs jointly with the ministry of commerce and other relevant departments to immediately carry out export order rectification action, increase the intensity of document examination, inspection, in accordance with the law to punish false claim, name, and in batches, more port to advertising samples "samples", "express" illegal export and smuggling of rare earths.

Fourth, to speed up the rare earth industry consolidation, adjusting and optimizing industrial structure

(14) and thorough going efforts to promote the rare earth resources development and integration. Ministry of land and resources shall, in conjunction with the relevant departments, according to the national mineral resources development and the overall deployment, integration work for overseeing all rare earth development integration of mining area, further promote the rare earth resources development and integration. Rare earth mining right management strictly, in principle, continue to suspend accepting new rare-earth exploration, mining application for registration of expanding capacity of existing mines is prohibited.

(15) to strictly control the total quantity of the rare earth smelting separation. "Twelfth five-year" period, except for the merger and reorganization, to optimize the layout projects approved by the state, to stop the approved new rare earth smelting separation project, ban on rare earth smelting separation existing projects to expand the scale of production. Resolutely put a stop to violate compasses construction projects, "excessive examination and approval, an illegal construction, be serious and director liability shall be investigated for relevant units.

(16) actively promote the rare earth industry merger and reorganization. Support large enterprises in the capital as the link, through joint, mergers, restructuring, vigorously promote the resources integration, and greatly reduce the amount of rare earth mining and smelting enterprises, improve the industrial concentration. Promote the rare earth industry merger and reorganization to adhere to the overall planning, policy guidance, market operation, both the central and the local and corporate interests, and properly handle the relationship between the different areas and upstream and downstream industries. The ministry of industry and information technology to jointly with the relevant departments as soon as possible to promote the implementation of the rare earth industry merger and reorganization plan formulation.

(17), accelerate the technical innovation of enterprise. Encourage enterprises to use in-situ leaching mining, smelting separation, no ammonia nitrogen linkage of advanced technology such as extraction separation technology renovation. To speed up elimination pool leaching mining, such as ammonia separation of saponification backward production techniques and production line. The development of circular economy, strengthen the tailings resources and recycling of rare earth products, improve the level of rare earth resource recovery and comprehensive utilization, reduce material consumptions of energy consumption, reduce environmental pollution. Support enterprises to technological transformation and the combination of merger and reorganization, eliminate backward production capacity, accelerating technological progress.

Fifth, strengthen the rare earth resources reserve, to develop the application of rare earth industry

(18) to establish rare earth strategic reserve system. According to the national reserve and enterprise (business) reserves, physical reserves and resources (ground) reserve a combination of, rare earth strategic reserve is established. Overall planning the ionic rare earth and the northern light rare earth resources mining, delimit a batch of state planning mining area as a strategic resource reserve. To source sites listed in the national reserves, by the local government is responsible for the supervision and protection, without approval by the state. The central government for implementation of reserve resources, products and companies to give subsidies.

(19) to speed up the rare earth key application technology research and development and industrialization. Overall requirements according to the development of strategic emerging industries, guide and organization of rare earth production enterprises, research institutes and institutions of higher learning, to develop the deep processing and comprehensive utilization technology, driving the industrialization of scientific and technological achievements with independent intellectual property rights, provide support for the development of strategic emerging industries.

Sixth, strengthen organizational leadership, create a good environment for development

Set up perfect coordination mechanism (20). To further play to the role of the rare metal inter-ministerial coordination mechanism, the national rare earth as a whole development strategy, planning, planning and policy and other major problems. Rare earth office in the ministry of industry and information technology, the management of rare earth industry as a whole; Responsible for coordinating mining, production, reserves and import and export plan and so on, into the state's annual plans for national economic and social development, lead the annual plan, industry access to rare earth new materials development and promotion, etc.

(21) clear responsibilities and division of labor. The relevant departments of the state council according to the division of functions, do a good job in the corresponding management responsibility, and strictly implement the accountability system. Plan, implement, change the present situation of the examination and approval, supervision. Ministry of industry and information technology overall responsibility, and to be responsible for the management of the rare earth industry, mandatory production plan, maintaining the order of production and guide the formation of rare earth industry association. Led by the ministry of industry and information technology, the ministry of commerce, information office to do a good job of publicity and misgivings I rare earth policy. Take the lead in development and reform commission to do a good job of rare-earth total investment scale and export control. National development and reform commission, ministry of finance, the ministry of land and resources jointly led research rare earth strategic reserve is established. The ministry of finance led research the fiscal and taxation support policy. The ministry of land and resources in charge of rare earth resources prospecting and exploitation and the total amount control management, rectifying mining order and source reserves. Environmental protection department is responsible for the rectification of environmental protection, strict access environment, strengthening prevention and control of pollution. Export quota administration of the ministry of commerce, properly coordinating relations with other countries trade. The customs general administration is responsible for the strict export regulation and the fight against smuggling. Strict quality supervision, inspection and quarantine for export inspection regulation and blow residual behavior. The ministry is responsible for the local government and relevant departments to carry out the rare earth policy situation, conducting supervision and inspection of work, affect the sustained and healthy development of rare earth industry, to serious shall be investigated for responsibility. About the management of the local governments in the region of rare earth industry overall responsibility, layer upon layer carries out the responsibility system, supervise the rare earth enterprise management in accordance with the law, strictly in accordance with the national organization of production and business operation plan, strictly fulfill the social responsibility, to protect resources and the environment.

(22) correctly guide public opinion. In order to strengthen the management of rare earth industry is to protect the ecological environment and resources, the need of promoting the sustained and healthy development of rare earth industry, is the transformation of the mode of rare earth industry development, the needs of the development of strategic emerging industries, is to improve the rare earth industry as a whole benefits, protecting the long-term interests of the people's needs. To correctly guide public opinion, the positive publicity to strengthen the management of rare earth industry the significance and positive role, strive for the understanding and support of both at home and abroad.

       Departments concerned under the state council and the local government should further unified thought, strengthen the overall situation consciousness, responsibility consciousness, strengthen organizational leadership and coordination, pays special attention to supervise, implement the responsibility system, to ensure implement policies and measures, strengthen the effective protection and rational utilization of rare earth resources, promote the sustained and healthy development of rare earth industry.

(guo fa [2011] no. 12, May 10, 2011; information sources: the Chinese government network)


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