Notice of the Shanxi Provincial Economic and Information Commission on Printing and Distributing the Detailed Rules for the Replacement of Capacity of the Steel and Cement Flat Plate Glass Electrolytic Aluminum Industry in Shanxi Province
Each city's letter committee:
According to the Notice of the Ministry of Industry and Information Technology on the Implementation of the Capacity Replacement Measures for the Cement and Glass Industry in the Printing and Distributing Industry (the Ministry of Industry and Information Technology [2017] No. 337), and the Notice on the Implementation of Capacity Replacement by Electrolytic Aluminum Enterprises through Merger and Reorganization, etc. [2018] No. 12) Spirit, I commissioned the “Detailed Implementation Rules for Capacity Replacement of Cement Flat Glass Electrolytic Aluminum Industry in Shanxi Provinceâ€. I am printing you now, please follow the instructions.
Attachment: "Detailed Implementation Rules for Capacity Replacement of Cement Flat Glass Electrolytic Aluminum Industry in Shanxi Province"
Shanxi Provincial Economic and Information Commission
April 17, 2018
Shanxi Province Cement Flat Glass Electrolytic Aluminum Industry Capacity Replacement Regulations
Chapter I General Provisions
The first is to promote the optimization of industrial layout, promote industrial restructuring, transformation and upgrading, according to the Ministry of Industry and Information Technology "Notice on Printing and Distributing the Implementation of Capacity Replacement of Cement Glass Industry" (Ministry of Industry and Information Technology [2017] No. 337) and "About Electrolytic Aluminum The “Notice on the Implementation of Capacity Replacement by means of mergers and acquisitions, etc.†(the Ministry of Industry and Information Technology [2018] No. 12) spirit, combined with the actual situation of our province, formulates these Regulations.
Article 2 These Rules apply to construction projects (including new construction, reconstruction, expansion, etc.) in Shanxi Province (ironmaking, steel making), cement (clinker), flat glass, and electrolytic aluminum industries. Before the construction project is filed, the project undertaker shall formulate a capacity replacement plan, which shall be reviewed and approved by the competent department of industry and information and announced to the public.
Relying on existing equipment to implement technical transformation projects such as pollution reduction, energy conservation and consumption reduction, the capacity replacement scheme may not be formulated without adding capacity. The new industrial flat glass project with a melting furnace capacity of not more than 150 tons/day may not be equipped with a capacity replacement scheme.
Article 3 The equivalent replacement referred to in these Rules refers to the construction capacity equals the exit capacity; the reduction replacement refers to the construction capacity is less than the exit capacity; the replacement ratio refers to the ratio of the exit capacity to the construction capacity.
Article 4 In addition to the matters clearly stipulated by the state, the capacity replacement work shall be subject to territorial management.
Chapter II Determination of Replacement Capacity
Article 5 Replacement Range
Industry: The capacity for replacement must be reported in the list of industrial smelting equipment submitted by the State-owned Assets Supervision and Administration Commission of the State Council and the provincial-level people's governments in the State Council for record-to-capacity implementation plan, or the legal compliance capacity built after 2016.
Included in the capacity of the de-capacity task, the exit capacity of the award-winning funds and policy support, the production capacity of the “strip steelâ€, the backward production capacity, the capacity of the main equipment that has been removed before the replacement is confirmed, the ferroalloy production capacity, the casting capacity of non-industry smelting equipment, etc. , shall not be used for replacement.
Cement and flat glass industry: The capacity for replacement must be legal and compliant production capacity in line with national industrial policies and investment project approval management requirements. The capacity used by the cement industry for replacement must be the capacity in Shanxi Province.
Out-of-capacity, enjoyment of subsidy funds and policy-supported exit capacity, and production capacity that does not comply with relevant regulations shall not be used for replacement.
Electrolytic aluminum industry: The capacity for replacement shall be in the list of projects submitted by the State-owned Assets Supervision and Administration Commission of the State Council and the provincial people's governments at the end of October 2017 to the State Council's summary report on the special actions for the cleanup and rectification of electrolytic aluminum violations, or 2017 Legal compliance capacity built after the month.
The backward production capacity, the capacity that was shut down before 2013 but not included in the announcement of the Ministry of Industry and Information Technology or the announcement of the provincial people's government to complete the task (hereinafter collectively referred to as the phase-out announcement) shall not be used for replacement.
The capacity to be shut down and included in the phase-out announcement in 2011 and beyond can be used as a notice of the Ministry of Industry and Information Technology of the National Development and Reform Commission on the issuance of the opinions on the clean-up of illegal projects in the electrolytic aluminum and shipbuilding industries (Development and Reform Industry [2015] 1494) No.) The capacity replacement of construction projects that deal with opinions. The capacity that was shut down in 2013 and later and included in the phase-out announcement can be used as a capacity replacement for the electrolytic aluminum project built after May 2013.
The electrolytic aluminum capacity index, which was closed from 2011 to 2017 and included in the phase-out announcement, must be replaced by the capacity before December 31, 2018. The overdue period will not be used for replacement.
Article 6 The capacity index used for replacement shall be determined according to the design capacity on the project record or approval document. If the actual production capacity is less than the record or approved production capacity, it shall be determined according to the actual production capacity. The exit and construction capacity in the replacement process shall be determined based on the capacity conversion table (see Annex 1). The capacity conversion table is used to calculate the replacement ratio and is not used as the basis for the approved production capacity.
Article 7 The exit capacity for replacement shall be dismantled before the construction project is put into production, and the exit capacity index shall not be reused.
Article 8 Ratio of capacity replacement
The industry implements the reduction and replacement, but the project that withdraws from the converter to build the electric furnace can implement the same amount of replacement. When exiting the converter, it must be withdrawn from the supporting sintering, coke oven, blast furnace and other equipment.
The cement industry implemented a reduction in replacement with a displacement ratio of 1.25.
The flat glass industry implements equal replacement.
The electrolytic aluminum industry implements equal or reduced replacement.
The main content of the third chapter replacement program
Article 9 The capacity replacement plan mainly includes the construction project and the withdrawal of production capacity. It must be clear but not limited to the following contents:
(1) Construction project address, enterprise name, construction site, main equipment, production capacity, start-up time, production time, replacement ratio, and capacity of completed replacement.
(2) Exiting the area where the production project is located, the name of the enterprise, the name, model and quantity of the main equipment to be withdrawn, converting the production capacity, starting the demolition time, and dismantling the time in place.
(3) Involving the replacement of production capacity across provinces (autonomous regions and municipalities), and the announcement of the transfer of the provincial competent authorities with the transfer of production capacity shall be attached.
Chapter IV Capacity Replacement Indicator Trading
Article 10 Replacement Principle
(1) The principle of market operation. Both enterprises shall conduct the trading of capacity replacement indicators through the market voluntarily, equally, honestly and truthfully. Other organizations and individuals shall not interfere in the transaction and effectively protect the legitimate rights and interests of the parties.
(2) The principle of legal compliance. Construction projects must comply with national laws and regulations, industrial policies, industry access (normative) conditions, environmental protection and layout planning.
Article 11 Replacement Method
(1) The enterprise obtains the capacity replacement index through market transactions in accordance with the laws, regulations and relevant state regulations in accordance with the agreement, transfer, auction, and shareholding.
(2) The enterprise obtains the capacity replacement index through the merger and reorganization, the internal capacity transfer of the same actual controller group and the trading of the production capacity index.
Chapter V Confirmation of Replacement Plan
Article 12 When undertaking the capacity replacement plan, the project undertaker shall sign a capacity transfer agreement with the production capacity transfer enterprise.
Article 13 Enterprises that have withdrawn from the production capacity shall provide valid certification documents (exiting the acceptance list of production capacity, etc.), and those who have not withdrawn from the production capacity shall make a written commitment to the time for equipment removal.
Article 14 If the two parties to the transaction are the same district, the city's economic and trade commission shall verify the compliance, integrity and authenticity of the production capacity, capacity replacement plan, capacity transfer agreement, and application materials. Apply to the Provincial Economic and Information Committee for confirmation of capacity replacement.
In the case of cross-city capacity replacement, the city's economic and trade commission will verify the authenticity and compliance of the production capacity, and announce the production capacity transfer announcement on the website of the Municipal Economic and Information Commission; The production capacity replacement plan, the capacity transfer agreement, the compliance, completeness and authenticity of the application materials are verified. After no objection, the application for capacity replacement confirmation is submitted to the Provincial Economic and Information Committee.
For the replacement of production capacity across provinces (autonomous regions and municipalities), if the enterprises in this province are the transferees of the production capacity, the municipal economic and trade commission will verify the actuality and compliance of the production capacity, and then submit an application for the production transfer announcement to the Provincial Economic and Information Commission; For the capacity transferee, the Municipal Economic and Information Commission shall attach a capacity transfer announcement when reporting the capacity replacement plan.
Article 15 If the production capacity exits the enterprise as the main body of responsibility, it must ensure that the production capacity is not asset-debt disputes, the staff placement is in place, and the production exit indicators are true and accurate, and there is no reuse.
Article 16 Before the construction project is filed, the capacity replacement plan shall be confirmed. The proposed and under construction projects that have been approved or filed but have not confirmed the capacity replacement plan shall apply for confirmation of the capacity replacement plan as soon as possible. If the capacity replacement plan is not completed, construction shall not commence.
Article 17 After reviewing the capacity replacement plan and the capacity transfer agreement, the Provincial Economic and Information Committee shall publicize it on the website of the Provincial Economic and Information Committee, and the publicity period shall be no less than 10 working days, and shall be announced after no objection (see Annex 3). ).
Article 18 The capacity replacement plan has been confirmed by the Provincial Economic and Information Committee. However, if the construction project has not been started, the project undertaker may, through the local city's Economic and Information Committee, propose to cancel the capacity replacement by the Provincial Economic and Information Committee. After verification by the Provincial Economic and Information Committee Confirm and announce to the public. After the production capacity replacement is confirmed, the production capacity index can be re-traded, but it must comply with the industrial policy and other regulations.
Article 19 If one of the following circumstances occurs, the formalities for confirmation of capacity replacement shall not be handled, and the procedures for confirming the replacement of production capacity shall be revoked, and the parties shall be held liable for violation of laws and regulations:
(1) failing to formulate a capacity replacement plan as required, or failing to sign a capacity transfer agreement;
(2) Before the project is put into production, the corresponding exit capacity has not been removed;
(3) There is a re-use of the exit capacity;
(4) Falsifying and fraudulently defrauding the capacity replacement plan;
(5) Other violations of laws and regulations.
Chapter VI Supervision and Implementation of Replacement Program
Article 20 The Municipal Economic and Information Committee shall be responsible for supervising the implementation of the capacity replacement plan for the construction project, including the replaced production capacity in the annual production capacity withdrawal plan, and leading the relevant departments to urge the enterprise to complete the main equipment (production line) demolition task to ensure that the exit equipment is removed. Make it impossible to resume production.
Article 21 The Provincial Economic and Information Commission shall organize experts to conduct random checks on the capacity replacement projects reported by the municipalities, and at the same time actively play the supervisory role of the industry associations and media. For construction projects that do not implement capacity replacement schemes, the competent departments of industry and informatization shall, in accordance with the law, investigate and deal with them according to laws and regulations; the implementation of capacity replacement schemes is not in place, and there are enterprises that falsify and falsify and “approve small construction and constructionâ€. Implement joint disciplinary action. The departments that are not strict in the review and the supervision are not in place are ordered to rectify within a time limit. If the circumstances are serious, the responsibilities of the relevant personnel shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 22 These Implementation Rules shall be implemented as of the date of promulgation. If the relevant requirements of the Provincial Economic and Information Committee for the replacement of cement, flat glass and electrolytic aluminum capacity are inconsistent with this Notice, this Notice shall be implemented.
Article 23 The implementation rules shall be interpreted by the Provincial Economic and Information Committee.
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