"Cement Glass Industry Capacity Replacement Implementation Measures (2024 version)" has been implemented at the end of 2024. For more than half a year, some people in the industry still have some deviations in understanding of capacity replacement. The author makes a brief summary of several problems and shares them with the industry.
Ask: Before the implementation of the new capacity replacement measures, is the approved capacity replacement plan invalid?
Answer: According to the new regulations of the Measures for the Implementation of Capacity Replacement in the Cement and Glass Industry (2024 version), if the announcement of the capacity replacement plan has been completed before, the projects that have not started construction before the implementation of the Measures on November 1, 2024 shall be completed by the end of December 2026; If it is not completed, the capacity replacement plan will be invalid after January 1, 2027.
Ask: Can original capacity replacement plan be cancelled and the production capacity be sold "freely"?
Answer: According to the new regulations, if the capacity replacement plan has not been implemented or the content has been significantly changed, the plan shall be cancelled or changed by the provincial competent department of industry and information technology after the capacity transfer-out enterprise and the transferee enterprise reach a consensus through consultation and verification, and shall be announced to the public. If the scheme is changed, cancelled or invalidated, the production capacity that meets the requirements may continue to be transferred out.
That is to say, the transfer-out capacity involved in the change, cancellation and failure of the capacity replacement scheme should be re-determined whether it meets the conditions for transfer-out. Before the new regulations, the announcement of the capacity replacement plan has been completed, and the existing changes, cancellations and invalidation should be re-determined according to the new regulations whether they meet the requirements of the transfer, and those who meet the requirements can continue to transfer out, which can be called the "free body" of the transfer capacity.
Ask: What are the conditions for the production capacity to be transferred out again?
Answer: The production capacity can be transferred out again under the following circumstances:
it does not belong to the eliminated production capacity in the current version of the Catalogue for the Guidance of Industrial Structure Adjustment;
there is no production capacity with incomplete approval procedures such as project filing and environmental assessment, without obtaining the pollutant discharge permit in accordance with the law or with expired permit; Cement clinker production capacity without cement product production license or with expired license;
cement clinker production capacity within the annual compliance list of the provincial competent department of industry and information technology;
There is no cement clinker production capacity whose energy efficiency assessment 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 (the energy efficiency referred to in the industry fails to meet the standards); There
is no cement clinker 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 local planning adjustment), or the cement clinker production capacity that has been operated for less than 90 days per year for two consecutive years since 2024.
If there is one of the above situations, the capacity index can not be transferred out, that is, it can only be abandoned, and can not be "married". Whether this kind of capacity involved in the original capacity replacement scheme can be transferred out again must be treated seriously in strict accordance with the new regulations and procedures.
If the original capacity replacement plan is neither changed nor revoked, the original capacity transferred out cannot be changed. Unless it can wait until its arrival point is legally invalid, then determine whether the transfer-out party's production capacity is eligible for transfer-out.
Ask: Is it necessary to formulate a capacity replacement plan for the implementation of technical transformation projects on the original production line?
Answer: It is a technical transformation project relying on the existing cement kiln. As long as the production capacity is not expanded, it is not necessary to formulate a capacity replacement plan. As long as the production capacity is expanded, a capacity replacement plan must be formulated.
Of course, first of all, it is necessary to identify whether the original production line is still qualified for transformation, such as "registered permanent residence" is not registered (list)? Has it been replaced as production capacity? Are all kinds of certificates invalid? For example, the expansion of production capacity of projects located in key areas of national air pollution prevention and control should also meet special requirements. Secondly, it is necessary to identify the compliance of its expanded capacity sources.
Question: Is it necessary to formulate a capacity replacement plan for changing the original general Portland cement into special cement?
Answer: The requirements for special cement construction projects other than white Portland cement, sulphoaluminate cement and aluminoferrite cement clinker are the same as those for general cement, and they shall be implemented in accordance with the new regulations. If there is any expansion of production capacity, a capacity replacement plan must be formulated.
Ask: If the project needs to formulate a capacity replacement plan, can other preliminary work of the project be carried out first, such as environmental impact assessment?
Answer: The prerequisite for the establishment of a new (reconstruction) project is a capacity replacement plan. The new regulations mention that within two years from the date of the announcement of the capacity replacement scheme, the project construction enterprises should complete the procedures of filing and environmental assessment. If there is no capacity replacement plan for a project that must formulate a capacity replacement plan, how to submit a statement that the project conforms to the industrial policy when the project is filed? In the preliminary work, the main basis of environmental assessment and energy conservation review is the scale of production capacity, and the legitimacy of the scale of production capacity comes from the capacity replacement plan that has been audited and announced. According to the procedure, the preliminary work is of high quality and efficiency. Of course, if the owner has to go beyond the normal procedures to carry out the preliminary work, push forward the EIA and other preliminary work without the capacity replacement plan, and is willing to bear the high risk that the project may not be filed, that is another matter.
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