In order to further optimize the layout and structural adjustment of the cement and glass industry, promote the dynamic balance between supply and demand in the market, and improve the quality and efficiency of the development of the industry. According to the requirements of "Opinions of the Central Committee of the Communist Party of China and the State Council on Implementing the New Development Concept Completely, Accurately and Comprehensively to Do a Good Job in Carbon Peak and Carbon Neutralization" and "Opinions of the Central Committee of the Communist Party of China and the State Council on Accelerating the Comprehensive Green Transition of Economic and Social Development". The Ministry of Industry and Information Technology revised and issued the Implementation Measures for Capacity Replacement of Cement Glass Industry (2024 edition) (Ministry of Industry and Information Technology No.206, hereinafter referred to as the Implementation Measures).
The Implementation Measures adhere to systematic thinking and problem orientation, encourage the advanced and eliminate the backward, implement differentiated policies for different regions and varieties, optimize the industrial layout, and enhance the green and low-carbon level. The main contents of the revision are as follows:
First, the requirements for cement replacement shall be tightened. Clarify the " of cement. The second is to improve the way of capacity verification. Abolish the regulation of verifying production capacity based on the diameter of cement rotary kiln and the daily melting volume of glass, and promote the unification of registered production capacity and actual production capacity.
The third is to implement regional difference management, and make it clear that new cement clinker production lines located in key areas of national air pollution prevention and control or in provinces where the average capacity utilization rate of cement clinker is less than 50% in the first three years should not be replaced from outside the province in principle.
The fourth is to simplify the procedures for transferring production capacity across regions, and the transfer of production capacity across provinces located in key areas of national air pollution prevention and control or within the same corporate enterprise group may not be reported to the provincial industrial and information authorities for publicity and announcement.
Fifth, we should strengthen coordination with energy efficiency and environmental protection policies, and make it clear that production capacity whose energy efficiency does not meet the requirements of the benchmark level cannot be used for replacement. The Implementation Measures shall come into force on November 1, 2024. Notice
on Printing and Issuing the Implementation Measures for Capacity Replacement in the Cement and Glass Industry (2024 Version), Ministry of Industry and Information Technology (original [2024] No.
206), all provinces, autonomous regions, Departments in charge of industry and information technology of municipalities directly under the Central Government and Sinkiang Production and Construction Corps:
The Measures for the Implementation of Capacity Replacement in the Cement and Glass Industry (Version 2024) are hereby printed and distributed to you, and shall come into force as of November 1, 2024. Please implement them carefully. Ministry of
Industry and
Information Technology Measures for the Implementation of Capacity Replacement in the Cement and Glass Industry on October 17
, 2024 (2024 edition)
Chapter I General Provisions
Article 1 is to further consolidate the achievements of capacity reduction in the cement and glass industry. Optimize the industrial layout, promote the dynamic balance of market supply and demand, and promote the high-quality development of the cement and glass industry. These Measures are formulated in accordance with the requirements of the Opinions of the Central Committee of the Communist Party of China and the State Council on Implementing the New Development Concept Completely, Accurately and Comprehensively to Do a Good Job in Carbon Peak and Carbon Neutralization, the Opinions of the Central Committee of the Communist Party of China and the State Council on Accelerating the Comprehensive Green Transformation of Economic and Social Development, and the Circular of the State Council on Issuing the Action Plan for Carbon Peak by 2030. Chapter
II Scope
of Application Article 2 These Measures shall apply to the new construction and reconstruction of cement clinker and flat glass projects of enterprises of all types of ownership within the territory of the People's Republic of China.
Third, it is strictly forbidden to put on record cement clinker and flat glass projects with new production capacity. If it is really necessary to build or rebuild, it is necessary to formulate a capacity replacement plan and implement equivalent or reduced capacity replacement. Capacity replacement plans may not be formulated under the following circumstances:
(I) Relying on the existing cement kilns and glass furnaces to implement technical transformation projects that do not expand production capacity, such as pollution reduction and carbon reduction, energy saving and consumption reduction, resource conservation and efficient utilization, and co-disposal.
(2) Industrial flat glass projects with new furnace capacity not exceeding 150 tons per day. Article
4 New production lines shall reach the benchmark level of energy efficiency in the cement and glass industry in the current edition of Benchmarking Level and Benchmarking Level of Energy Efficiency in Key Industrial Areas, and the level of environmental performance shall reach Grade A. New production capacity of cement clinker and flat glass is strictly prohibited in key areas of national air pollution prevention and control. Article
5 Any of the following circumstances shall not be used for capacity replacement:
(1) According to the requirements of the current version of the Catalogue for the Guidance of Industrial Structure Adjustment, the production capacity belongs to the national elimination category; the production capacity that has enjoyed the reward and subsidy of withdrawal funds (except for the compensation and reward for the resettlement of employees and land recovery); Production capacity with incomplete approval procedures such as filing and environmental assessment, failure to obtain pollutant discharge permit according to law or with expired permit; cement clinker production capacity without cement production permit or with expired permit.
(2) The production capacity of cement clinker and flat glass is not within the scope of the compliance list submitted annually to the Ministry of Industry and Information Technology by the competent departments of industry and information technology at the provincial level.
(3) The production capacity of cement clinker and flat glass whose energy efficiency fails to meet the requirements of the benchmark level of the current edition of the Benchmark Level and Benchmark Level of Energy Efficiency in Key Industrial Areas.
(4) Cement clinker and flat glass production capacity that has been shut down for two consecutive years or more since 2013 (except for the off-peak production plan formulated or agreed by the provincial authorities and the adjustment of local planning), or cement clinker production capacity that has been operated for less than 90 days per year for two consecutive years since 2024.
(5) Photovoltaic rolled glass production capacity without capacity replacement, or industrial flat glass production capacity not exceeding 150 tons per day.
(6) The production capacity of cement clinker and flat glass that cannot be dismantled due to debt disputes or other reasons or that are sealed up by the court. Article
6 The quantity of production capacity used for replacement shall be determined strictly according to the production capacity specified in the project filing (approval) documents, and the number of days of annual production capacity shall be calculated according to 300 days. Article
7 The cement clinker production capacity used for replacement of new projects shall not be transferred separately, and the cement clinker production capacity used for reconstruction or completion of completed projects shall not be transferred separately for more than two projects. Article
8 Flat glass production lines that are required by local governments to stop production for more than two years due to force majeure can be used for replacement before the end of December 2025, and will not be used for replacement after January 1, 2026. Chapter
III Replacement Ratio
Article 9 Replacement ratio of cement clinker production capacity:
the replacement ratio of production capacity replacement construction projects located in the key areas of national air pollution prevention and control and non-key areas of air pollution prevention and control shall not be less than 2:1 and 1 respectively. The replacement ratio of production capacity shall be defined according to the construction site area. The key areas of air pollution prevention and control are defined according to the Action Plan for Continuous Improvement of Air Quality and the relevant documents of the State Council. Cement clinker production capacity restricted by the national industrial structure adjustment catalogue and used for inter-provincial replacement shall be used, and the replacement ratio of production capacity shall not be less than 2:1. The following circumstances are excluded:
(I) The replacement ratio of production capacity in the same factory area of the same legal person is 1:1.
(2) The replacement ratio of production capacity in the Xizang Autonomous area is 1:1.
(Three) meet the conditions of Article 11. Article
10 Replacement ratio of flat glass production capacity:
the replacement ratio of flat glass production capacity located in the national key areas of air pollution prevention and control and the non-key areas of air pollution prevention and control shall not be less than 1 respectively, except for the following circumstances:
(1) The replacement ratio of production capacity in the same factory area of the same legal person shall be 1:1.
(2) Encourage the construction of photovoltaic rolled glass projects through capacity replacement. The replacement proportion constructed by means of capacity replacement shall be implemented in accordance with the above provisions, and the capacity can be used for replacement again.
(Three) meet the conditions of Article 11. Article
11 Due to the adjustment of land, transportation, environmental protection and other plans at the national and provincial levels or the overall planning of prefecture-level cities, the relocation of projects that do not belong to the state's explicit order to eliminate production capacity and do not enjoy the reward and compensation for withdrawing from production capacity funds (except for the compensation and reward for the resettlement of workers and land recovery) shall be carried out in the same prefecture-level cities (prefectures, leagues). Capacity replacement can be carried out according to 1:1.Article
12 If a new cement kiln production line in Hubei, Yunnan, Guizhou, Sichuan and Anhui provinces disposes of phosphorus (titanium, fluorine) gypsum and replaces more than 70% of limestone raw materials, the total production capacity of cement clinker based on 2020 in the province can be adjusted by the province as a whole, and the production capacity of the whole province can be adjusted by the province as a whole. According to the disposal amount of phosphorus (titanium, fluorine) gypsum, the number and layout of new projects should be determined scientifically and reasonably, and the equivalent replacement should be implemented. The production capacity of cement clinker production line of newly-built phosphorus (titanium, fluorine) gypsum without capacity replacement shall not be used for capacity replacement, and the production capacity of production line constructed through capacity replacement may continue to be used for capacity replacement. Article
13 Cement clinker production lines located in key areas of national air pollution prevention and control or in provinces where the average capacity utilization rate of cement clinker is less than 50% in the first three years shall not replace capacity from outside the province in principle. Article
14 The construction projects of white Portland cement, sulphoaluminate and ferroaluminate cement clinker shall be replaced by the same amount, and the clinker production capacity can only be replaced by the same kind of products when it is replaced again. The capacity replacement ratio of other special cement is the same as that of general cement. Chapter
IV Replacement Process
Article 15 The capacity replacement plan of a construction project (Annex 1) shall be formulated by the project construction enterprise and submitted to the provincial competent department of industry and information technology at the project construction site for examination and approval, and then publicized and announced. The competent department of industry and information technology at the provincial level of the
project construction site shall be responsible for verifying and confirming the authenticity and compliance of the capacity replacement scheme, publicizing it on the portal website for not less than 10 working days, and announcing it without objection. Article
16 In case of trans-provincial replacement, except for the transfer of production capacity located in the key areas of national air pollution prevention and control or within the same legal person enterprise group, the transfer plan (Annex 2) shall be formulated by the transfer-out enterprise and submitted to the provincial competent department of industry and information technology for publicity and announcement. The competent department of industry and information technology at the provincial level in the place where the production capacity is transferred out verifies the situation of the transferred production capacity, and announces the basic situation of the proposed construction project on the portal website. Article
17 The transfer of production capacity located in the key areas of national air pollution prevention and control or within the same legal person enterprise group may not be reported to the provincial industrial and information authorities at the place where the production capacity is transferred, and the transfer of production capacity shall first stop production, while the transfer of production capacity to enterprises shall sign contracts with the transfer of production capacity to enterprises, requiring the transfer of production capacity to enterprises. And ensure that the main equipment of the enterprises whose production capacity is transferred out is dismantled on schedule, and do a good job in dealing with the aftermath. The competent department of industry and information technology at the provincial level of the project construction site is responsible for verifying the capacity replacement plan, and publicizing and announcing the capacity replacement plan and the letter of commitment on the portal website. Article
18 The capacity replacement plan mainly includes but is not limited to the following contents:
(1) The name of the enterprise to which the construction project belongs, the design capacity, the construction site, the specification, model and quantity of the main equipment, the total energy consumption and emission, and the planned time of ignition and production.
(2) The name of the enterprise whose production capacity is transferred out, the unified social credit code, the specifications, models and quantities of the main equipment, the address, the filing or approval documents, the planned shutdown time and the planned dismantling and withdrawal time, the production license, etc. Article
19 For a new cross-provincial project, the provincial competent department of industry and information technology at the project construction site shall entrust an industry organization or intermediary agency to hold a hearing before publicizing the capacity replacement plan. The participants in the hearing are generally composed of representatives of the government, associations, enterprises, the public and the media, and fully demonstrate whether the capacity replacement scheme meets the relevant national policies and regional development requirements. Article
20 For the replacement of production capacity, the main equipment such as kilns must be shut down and dismantled before the construction project is put into operation, and the production license and emission permit must be cancelled or changed. If an enterprise uses the original equipment as industrial heritage (industrial tourism), it shall report to the provincial competent department of industry and information technology for approval on a case-by-case basis without ensuring the production of cement or flat glass. Article
21 If the capacity replacement scheme has not been implemented or the content has changed significantly, the scheme shall be revoked or changed after the verification and confirmation by the provincial competent department of industry and information technology and announced to the public by consensus between the transfer-out enterprise and the transferee enterprise. If the scheme is changed, cancelled or invalidated, the production capacity that meets the requirements may continue to be transferred out. Article
22 Within two years from the date of announcement, the project construction enterprise shall complete the formalities of filing and environmental assessment, complete the project construction and put into operation within three years, and the overdue capacity replacement scheme shall be invalid. Article
23 If the announcement of the capacity replacement scheme has been completed, the project that has not started construction before the implementation of these Measures shall be ignited and put into operation before the end of December 2026; if it has not been completed, the capacity replacement scheme shall be invalid after January 1, 2027. Chapter
V Supervision and Administration
Article 24 The competent industrial and information departments at the provincial level at the project construction site shall, in conjunction with the relevant departments, be responsible for supervising the implementation of the capacity replacement plan according to the division of responsibilities, and if there are fraudulent acts, they shall be submitted to the relevant departments to deal with them in accordance with the requirements of relevant policies and regulations such as investment and environmental protection, and shall be responsible for the implementation of the capacity replacement plan. It also requires that the project should not be ignited and put into operation before the rectification is in place. Regular spot checks shall be carried out in conjunction with relevant departments, and the capacity replacement plan shall be cancelled in time for construction projects that fail to comply with the requirements of these Measures. Article
25 In addition to the provisions of Article 17 that do not report the production capacity of the competent industrial and information departments at the provincial level in the place where the production capacity is transferred out, the competent industrial and information departments at the provincial level in the place where the production capacity is transferred out shall urge the enterprises whose production capacity is transferred out to shut down and dismantle the production lines used for capacity replacement according to the promised time requirements, organize on-the-spot verification, and announce the situation of shutdown and dismantling to the public. If the transfer of production capacity within the key areas of national air pollution prevention and control or within the same corporate enterprise group involves cross-provincial replacement, the provincial industrial and information authorities at the project construction site shall inform the provincial industrial and information authorities at the transfer site of the transfer of production capacity by letter, verify the shutdown of production on the spot and confirm that the enterprise has completed the post-treatment. Only after on-site verification of equipment removal can construction project be approved for ignition production. Article
26 The competent departments of industry and information technology in all localities shall further smooth the channels for reporting, make public various forms of reporting such as telephone, fax, e-mail and network on the portal website in a timely manner, and accept social supervision. Associations, enterprises, the public and the media are encouraged to supervise the implementation of capacity replacement schemes and construction projects. Article
27 The Ministry of Industry and Information Technology, in conjunction with relevant departments, shall organize spot checks on capacity replacement schemes and their implementation, and order rectification within a time limit in areas where the verification of capacity replacement schemes is not strict and the implementation of supervision is not in place. Relevant local departments shall deal with enterprises that fail to implement the capacity replacement policy in accordance with the law and regulations, and investigate the responsibility of relevant personnel. Article
28 These Measures shall come into force on November 1, 2024. The Measures for the Implementation of Capacity Replacement in the Cement and Glass Industry (Ministry of Industry and Information Technology [2021] No.80) shall be abolished at the same time.
