Enterprises have been complaining that the laws and regulations have also clearly cleared the implementation of the "Pesticide Import and Export Registration Certificate" that has been forcibly implemented for nearly seven years, and it has long been included in the scope of national legal clearance! Under the strong appeal of a large number of pesticide companies, the China Pesticide Industry Association submitted a written challenge to the Legal Affairs Office of the State Council, requesting that its implementation be terminated in accordance with China's Administrative Licensing Law. On March 30, the reporter learned about this situation during an interview with the China Pesticide Industry Association.
It is understood that in 1999, the Ministry of Agriculture and the General Administration of Customs jointly issued the "Notice on the Administration of Import and Export of Pesticide Registration Certificates," which stipulates that since 2000, registration and certification management of imports and exports of pesticides has been implemented. In addition to requiring the registration and verification of import and export pesticides in accordance with the law, the Circular also requires companies to provide applications for registration certificates for imported pesticides, copies of import contracts, copies of pesticide registration certificates, and other documents. If this is the first time, a series of materials such as company business licenses, import and export enterprise qualification certificates, etc. must also be provided. Pesticide companies have calculated a sum of money. If this product is used exclusively for export, this round of procedures will be completed and it will cost more than 40,000 yuan, and the time for issuing permits will often be delayed by 10 to 15 days.
Since the implementation of the "Notice", pesticide companies have always been opposed, but in the face of the enforcement of the "Notice", companies can only swallow things and spend money. Until June 25, 2004, the Legal Affairs Office of the State Council, in response to the Ministry of Agriculture's “Letter to Explain the Issues Related to Administrative Licensingâ€, replied in detail with the “National Law Secretariat (2004) No. 171]: “Imported units intend to import pesticides as long as they comply with China’s pesticide requirements. The Regulations of the People's Republic of China have registered pesticides, and the Ministry of Agriculture issued the 'Import and Export Pesticide Registration Certificate'. The issuance of the 'Import and Export Pesticide Registration Certificate' is verified and confirmed by the Ministry of Agriculture on whether or not the pesticide has been registered in accordance with the law. It is not an administrative license. At the same time, the "Reply" made it clear that according to the "Administrative Licensing Law" in China, the "Provisions for the Registration of Import and Export of Pesticides" is actually an additional administrative license subject to the Regulations on the Administration of Pesticides, which falls within the scope of liquidation. The implementation of the "Pesticide Import and Export Registration Certificate" in the export of pesticides, there is no legal basis, also belongs to the scope of clean-up.
However, on December 31, 2005, the Ministry of Agriculture and the General Administration of Customs jointly issued the "People's Republic of China Import and Export Pesticides Registration Certificate Management Directory," which is identical to the previous "Pesticide Import and Export Registration Certificate."
The reporter learned that under the strong appeal of pesticide companies, the Pesticide Association submitted a written query to the Legal Affairs Office of the State Council earlier this year asking that the implementation of relevant documents of the “Pesticide Certificate†be terminated in accordance with the Administrative Licensing Law.
It is understood that in 1999, the Ministry of Agriculture and the General Administration of Customs jointly issued the "Notice on the Administration of Import and Export of Pesticide Registration Certificates," which stipulates that since 2000, registration and certification management of imports and exports of pesticides has been implemented. In addition to requiring the registration and verification of import and export pesticides in accordance with the law, the Circular also requires companies to provide applications for registration certificates for imported pesticides, copies of import contracts, copies of pesticide registration certificates, and other documents. If this is the first time, a series of materials such as company business licenses, import and export enterprise qualification certificates, etc. must also be provided. Pesticide companies have calculated a sum of money. If this product is used exclusively for export, this round of procedures will be completed and it will cost more than 40,000 yuan, and the time for issuing permits will often be delayed by 10 to 15 days.
Since the implementation of the "Notice", pesticide companies have always been opposed, but in the face of the enforcement of the "Notice", companies can only swallow things and spend money. Until June 25, 2004, the Legal Affairs Office of the State Council, in response to the Ministry of Agriculture's “Letter to Explain the Issues Related to Administrative Licensingâ€, replied in detail with the “National Law Secretariat (2004) No. 171]: “Imported units intend to import pesticides as long as they comply with China’s pesticide requirements. The Regulations of the People's Republic of China have registered pesticides, and the Ministry of Agriculture issued the 'Import and Export Pesticide Registration Certificate'. The issuance of the 'Import and Export Pesticide Registration Certificate' is verified and confirmed by the Ministry of Agriculture on whether or not the pesticide has been registered in accordance with the law. It is not an administrative license. At the same time, the "Reply" made it clear that according to the "Administrative Licensing Law" in China, the "Provisions for the Registration of Import and Export of Pesticides" is actually an additional administrative license subject to the Regulations on the Administration of Pesticides, which falls within the scope of liquidation. The implementation of the "Pesticide Import and Export Registration Certificate" in the export of pesticides, there is no legal basis, also belongs to the scope of clean-up.
However, on December 31, 2005, the Ministry of Agriculture and the General Administration of Customs jointly issued the "People's Republic of China Import and Export Pesticides Registration Certificate Management Directory," which is identical to the previous "Pesticide Import and Export Registration Certificate."
The reporter learned that under the strong appeal of pesticide companies, the Pesticide Association submitted a written query to the Legal Affairs Office of the State Council earlier this year asking that the implementation of relevant documents of the “Pesticide Certificate†be terminated in accordance with the Administrative Licensing Law.
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