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22 State Council on the promotion of sustainable and healthy development of rare earth industry views
Time:05/20/2011
22 State Council on the promotion of sustainable and healthy development of rare earth industry views,
Guo Fa 〔2011〕 12
Provinces, autonomous regions and municipalities, agencies directly under:
RE is an important strategic non-renewable resources, new energy, new materials, environmental protection, aerospace, electronics and other fields of information used widely. Effective protection and rational use of rare earth resources, for the protection of the environment, accelerate the development of the strategic development of new industries, transform and upgrade traditional industries, and promote sustained and healthy development of rare earth industry is of great significance. After years of development, China's rare earth mining, smelting technology research and development and application of separation made great progress in expanding industries. But there are still rare earth industry in the development of repeated illegal mining, smelting and separation of rapid expansion of production capacity, ecological destruction and serious waste of resources, high-end application development lags behind, the more confusing issues such as export order has seriously affected the healthy development of the industry. To further enhance the effective protection and rational utilization of resources, awareness of the importance of rare earth and take effective measures to strengthen the management of rare earth industry, accelerate the transformation of the mode of development of rare earth industry, and promote sustainable and healthy development of rare earth industry. Now make the following observations:
First, clear guiding ideology, basic principles and development targets
(A) of the guiding ideology. Deng Xiaoping Theory and "Three Represents" as guidance, thoroughly implement the scientific concept of development, accelerate the transformation of the mode of development of rare earth industry, to promote adjustment of industrial structure, rare earth, strict separation of control mining and smelting capacity, develop new materials and applications of rare earth industry to further consolidate the strategic basis of rare earth and play an important role in the industry to ensure sustained and healthy development of rare earth industry.
(B) of the basic principles. Adhere to the protection of the environment and conserving natural resources, earth resources, the implementation of more stringent protective mining policy and environmental protection standards and expedite the development of rare-earth management laws and regulations cracking down on various illegal acts; adhere to control and optimize the total inventory, speed up implementation of the strategy of large enterprises and groups, and actively promote technological innovation, enhance the mining, smelting and application of technology, eliminate backward production capacity, further enhance the concentration of rare earth industry; adhere to co-ordinate domestic and international markets and resources, and actively carry out international cooperation; adhere to the and coordination of local economic and social development, correctly handle the part and the whole, the current and long-term relationship.
(C) development goals. In 1-2 years, establish a standardized and orderly development of rare earth resources, separation and refining market circulation order, disorderly exploitation of resources, environmental degradation, the blind expansion of production and export situation of rampant smuggling of the effective containment; basically formed by large business-oriented pattern of rare earth industry, the South ionic rare earth industry, the top three enterprise groups of industrial concentration over 80%; new product development and application of new technologies to speed up the pace, new rare earth materials for downstream industries, the role of support and protection be obvious play; initial establishment of a unified, standardized and efficient management system, rare earth industry, the relevant policies, laws and regulations to further improve. Then 3 years or so, and further improve the institutional mechanisms, the formation of rational development, and orderly production, efficient use of advanced technology, intensive development pattern of sustained and healthy development of rare earth industry.
Second, establish and improve industry monitoring system, strengthening and improving industry management
(D) strict access management of rare earth industry. The implementation of the rare earth resources, more stringent protection of mining policy and environmental protection standards, strict industry and environmental access. Accelerate the development and refinement of rare earth mining and production standards, a clear separation of rare earth mining and smelting enterprise product quality, technology and equipment, scale of production, energy consumption, resource utilization, environmental protection, clean production, safety and social responsibility and other aspects of access requirements. Implementation of strict environmental access system, strictly implement the "rare earth industry emission standards", the development of rare earth industry, environmental risk assessment system.
(E) improving the management of rare earth production plan mandatory. RE strict mandatory production planning, delivery and monitoring system. Strengthen the rare earth mining, smelting separation between the export interface between schemes. Separation of rare earth smelting enterprises on production license. Establishment of rare earth mining, smelting and separation, and product distribution ledger invoices management system. The use of information technology of  rare earth magnet mining, smelting separation, the export enterprise networking, the implementation of online monitoring.
(Vi) rare earth export enterprises to improve qualification threshold. Rare earth export enterprises must comply with industrial planning, industrial policy, industry access, environmental standards and other requirements. Rare earth export enterprises to further improve qualification standards. Strengthen the supervision and management of export enterprises, and strengthen industry self-regulation, there is from illegal sources of procurement disrupt exports and the export order other serious offenses such as corporate, legal responsibility shall be prosecuted accordingly.
(G) strengthen the rare earth export management. In accordance with the limitations of "two high" exports of relevant policies, strictly control the rare earth in the total exploration and production the same time, strict control of rare earth metals, oxides, salts and rare earth ferroalloy exports of primary products, the exploration, production, consumption and export restrictions should be implemented simultaneously. Overall consideration of domestic resources and production, consumption and international market conditions, reasonably determine the total annual export quota of rare earth. Improve the allocation of export quotas, severely punish the reselling of rare earth export quota acts. Refined rare earth products and customs tariff commodity code, and testing of rare earth products included in the legal directory. Strict customs supervision, standardize enterprise report management, and improve customs detection methods and means of strengthening the first line of the customs inspection, testing equipment investment, the establishment of rare earth extraction, production and export business between the instrument linkage system. After the rare earth industry to enhance access to supervision and management of production and operation, to prevent disguised export of rare earth products.
(Viii) improve the tax and price control measures. A substantial increase in tax collection of rare earth resources, standards, inhibition of resource extraction profits. Reform of price formation mechanism of rare earth products, increase regulation and control policies, the progressive realization of the unity of value and price of rare earth. Implementation of the ecological environment in mining deposit system control and ecological restoration, ecological protection and restoration strict corporate economic responsibility.
(Ix) to seriously implement the relevant laws, regulations and systems. Strict implementation of the Mineral Resources Law, Customs Law and other laws and regulations, to strengthen their exploration of rare earth mining, smelting and processing, product distribution, promotion and application of strategic reserves, and other aspects of import and export management. We will promptly formulate or revise and improve the management of rare earth metals and other relevant laws and regulations.
Third, according to earth to carry out special rectification of the industry to effectively maintain good order
(X) strongly against illegal exploitation and super-exploitation of control targets. Ministry of Land and rare earth mineral development to further consolidating the results of special rectification order to increase prospecting and mining of rare earth supervision and strictly controlling the total rare earth mining management, strengthen the key areas of joint control of rare earth. Resolutely clamp down on illegal mining, is strictly prohibited mining super-control targets, the illegal exploitation of major cases to supervise the handling, enterprise and related personnel shall be held responsible. Re-examination of the exploration license has been issued and mining licenses, mining companies legally to the public list. Accelerate the establishment of a standardized order of rare earth mining and monitoring long-term mechanism.
(Xi) firmly crack down on illegal production and beyond the plan production. Ministry of Industry and Information Technology in conjunction with relevant departments to immediately carry out special rectification actions of rare earth production, to the public the list of legitimate enterprises, and strengthen the national production of rare earth mandatory supervision and inspection of implementation of the plan. Of unplanned, super plans to produce mandatory state enterprises should be ordered to stop production plan management, trace mineral sources, the illegal purchase and sale of the business will be punished according to law, to cancel the production and sale of license qualifications, the administrative department for industry and commerce by the deadline registration of changes, cancellation of registration or revoke the business license
(L) strongly against damage to the ecology and pollution of the environment behavior. Department of Environmental Protection to immediately separate the rare earth mining and smelting enterprises to develop special environmental protection campaigns, strict implementation of national and local pollutant emission standards. Without the approval of the EIA of construction projects, all to stop construction and production; the absence of pollution control facilities and pollution control facilities is not running properly, excessive pollutant discharge or emission control over key business indicators, shall be ordered to immediately stop production, the deadline governance, to complete the task overdue, shall note (suspended) off of the related certificates.
(Xiii) resolutely crack down on illegal export and smuggling of rare earth. General Administration of Customs in conjunction with the Ministry of Commerce and other relevant departments to immediately carry out special rectification actions of rare earth export order to increase trial orders, inspection efforts to punish false, deceptive name, as well as sub-batch, multi-port to "sample advertisement" "Express" and other acts of illegal export and smuggling of rare earth.

Fourth, accelerate the rare earth industry consolidation, optimize industrial structure adjustment
(Xiv) further promote the development and integration of rare earth resources. Ministry should work together with departments concerned, in accordance with the development of mineral resources the country's overall deployment of integration, development and integration supervise the handling of all rare earth mining area to further promote the integration of rare earth resources development. Strict management of rare earth mining rights, in principle, continue to suspend acceptance of new rare-earth exploration and mining of registration, prohibiting expansion of existing mines mining capacity.
(Xv) strictly control the total separation of rare earth smelting. "Twelve Five" period, in addition to mergers and acquisitions approved by the State to optimize the layout of items, stop the separation of rare earth smelting newly approved projects, against the existing separation of rare earth smelting projects to expand production scale. Determined to stop illegal construction projects, approval of the ultra vires, illegal construction, to strictly pursue the responsibility of the unit and responsible person.
(XVI) to actively promote the rare earth industry mergers and acquisitions. Support for large enterprises to capital as a link, through association, merger, restructuring, and vigorously promote the integration of resources, significant reduction in separation of rare earth mining and smelting the number of enterprises, improve industrial concentration. Promote the rare earth industry mergers and acquisitions to the principles of unified planning, policy guidance and market operation, both central and local governments and business interests, properly handle the different regions of the upstream and downstream industries. Ministry of Industry and Information Technology together with relevant departments as soon as possible to promote the rare earth industry mergers and acquisitions to develop the implementation plan.
(Xvii) accelerate the technological upgrading of enterprises. Encourage enterprises to use in situ leaching, ammonia-free smelting separation, extraction and other advanced technologies linked to transformation. Accelerate the phase-out of pool immersion extraction, separation of ammonia saponification backward production technology and production lines. Development of circular economy, strengthen tailings resources and recycling of rare earth products to enhance oil recovery and comprehensive utilization of rare earth resources, reduce energy and material consumption and reduce environmental pollution. Support enterprises in the technological transformation and mergers and acquisitions, eliminate backward production capacity combined with accelerating technological progress.
Fifth, strengthen the reserves of rare earth resources, to develop application of rare earth industry
(Xviii) the establishment of strategic reserves of rare earth system. According to the national reserve and enterprise (business) reserves, reserves and resources in kind (to) reserve combination, establish strategic reserves of rare earth. Overall planning and northern South ionic rare earth resources in light rare earth mining, establishment of a number of national planning as a strategic resource reserves to mining. The resources of the land included in the national reserve, the local government is responsible for supervision and protection, not exploitation without state approval. The central government on the implementation of resources, products and business areas of reserves to provide subsidies.
(Xix) to speed up critical applications of rare earth research and development and industrialization. The development of new industries in accordance with the general requirements of strategic, production and application of rare-earth guide companies and organizations, research institutions and universities, vigorously develop the deep processing and comprehensive utilization technologies with independent intellectual property rights to promote the industrialization of scientific and technological achievements for the development of new industries to provide strategic support.
Sixth, strengthen organizational leadership, and create a favorable environment for development
(Xx) setting up coordination mechanisms. Inter-ministerial coordination mechanism to further play the role of rare metals, rare earth co-ordination of national development strategies, programs, plans and policies and other major issues. Ministry of Industry and Information Technology in the establishment of the Office of Rare Earth, co-ordinate the management of rare earth industry well; responsible for coordinating the development of rare earth extraction, production, storage, import and export plans into national economic and social development of annual plans, annual plans for implementation of the lead well, access and the industry to promote the development of new materials such as rare-earth work.
(Xxi) clear responsibilities and division of labor. The relevant department under the State Council, division of functions, make proper management and assume corresponding responsibilities, and strict accountability. Firmly re-plan changes, light implementation, re-approval, light regulation of the status quo. Overall responsibility for the Ministry of Industry and Information Technology, and is responsible for management of rare earth industry to develop mandatory production plans, maintaining order in rare earth production, guiding formation of rare earth industry associations. Ministry of Industry and Information Technology, Ministry of Commerce, Information Office of the rare-earth policy led me to do outreach work and doubts. Rare Earth Development and Reform Commission take the lead in doing the total scale of investment and export control. Development and Reform Commission, Ministry of Finance, Ministry of Land and co-lead study the establishment of strategic reserves of rare earth. Ministry of Finance led to study and formulate fiscal and taxation support policies. Ministry responsible for the total amount of rare earth resources prospecting and exploitation of control and management, mining and resources in order to rectify reserves. Environmental Protection Department is responsible for rectification, strict environmental access, enhance pollution control. Ministry of Commerce responsible for export quota management and proper coordination of trade relations with other countries. General Administration of Customs is responsible for strict export control and the fight against smuggling. AQSIQ is responsible for the inspection and supervision and strict export misconduct against evasion. Ministry of Supervision is responsible for the implementation of local government and relevant departments to conduct supervision and inspection of rare-earth policy, poor work, sustained and healthy development of rare earth industry, we must seriously be held accountable. The local government management of rare earth industry in the region overall responsibility to implement the responsibility system at various levels, supervision of rare earth companies operate according to law, the State Planning Organization in strict accordance with the production and operation, strictly fulfill their social responsibility to ensure the protection of resources and the environment.
(Xxii) correctly guide public opinion. Strengthen the management of rare earth industry is protecting the ecological environment and resources to promote sustained and healthy development of rare earth industry, the need is to change the way the development of rare earth industry, the development of strategic and emerging industry needs, is to improve the overall efficiency of rare earth industry, maintaining the long-term interests of the people. To correctly guide public opinion, and actively promote enhanced management of rare earth industry, the importance and positive role for the understanding and support at home and abroad. The relevant State Council departments and local governments to further unify their thinking, enhance the overall sense of responsibility, strengthening organizational leadership and coordination to do a good job supervision and inspection, implement the responsibility system to ensure that all policies and measures to implement, strengthen rare earth resources effective protection and rational use, and promote sustainable and healthy development of rare earth industry. State Department May 10, 2011