Article 3 These Measures apply to lithium-ion battery and battery pack, positive electrode material, negative electrode material, separator and electrolyte production enterprises within the territory of the People's Republic of China.
Chapter II Application and Review
Article 4 Enterprises applying for announcement shall meet the following conditions:
(1) Having independent legal personality;
(2) Comply with national industrial policies and relevant development plans;
(3) Comply with the requirements of the “Normative Conditions”;
(IV) Abide by national laws and regulations and do not commit any major illegal acts.
Article 5 Enterprises that meet the conditions listed in Article 4 of these Measures may voluntarily apply for announcements to the provincial industry authorities in their locations, fill in the "Lithium-ion Battery Industry Standard Announcement Application" and related materials, and apply online through the lithium-ion battery industry public service platform (www.ldchy.cn). The application for the "Standard Conditions" announcement is based on enterprises with independent legal person status. Subsidiaries with independent legal person status under the group company need to apply separately.
The applicant enterprise shall be responsible for the authenticity of the application materials.
Article 6 The applicant enterprise promises to have the basic qualification documents and other materials of the enterprise, including:
A copy of the business license, project construction filing or approval documents, project land use certificate or land use approval documents, construction project environmental impact assessment approval documents, completed environmental protection facility acceptance report, enterprise discharge permit, financial audit report, third-party product testing report and other relevant materials.
Article 7 If the application materials are complete and meet the requirements, the provincial industry competent department shall accept them. If the application materials are incomplete or do not meet the requirements, the applicant enterprise shall be informed of all the supplementary contents within 10 working days.
The provincial industry regulatory department shall verify the application materials in accordance with the "Standardized Conditions" together with relevant departments, and submit the application materials and review opinions of enterprises preliminarily determined to meet the "Standardized Conditions" to the Ministry of Industry and Information Technology within 30 days.
Article 8 Within 90 working days from the date of receipt of the review opinions and application materials submitted by the provincial industry competent departments, the Ministry of Industry and Information Technology shall organize relevant industry institutions and experts to complete the review by means of material review and on-site spot checks. The list of enterprises that meet the regulatory conditions shall be publicized on the website of the Ministry of Industry and Information Technology. Enterprises that have no objections after the publicity shall be announced in the form of a notice of the Ministry of Industry and Information Technology.
Article 9 The Ministry of Industry and Information Technology and provincial-level industry regulatory departments may conduct on-site inspections of the applicant enterprises' relevant circumstances according to work needs during the acceptance and review process. The inspection work shall be carried out by two or more staff members.
The applicant enterprise shall cooperate with the inspection activities, and the enterprise representative shall sign the inspection results and confirm with the official seal. If the applicant enterprise has any objection to the inspection results, it may submit an application within 5 working days after the inspection is completed, and the Ministry of Industry and Information Technology will organize expert demonstration according to the situation.
Chapter III Supervision and Management
Article 10 The lithium-ion battery (single cell and battery pack), positive electrode material, negative electrode material, diaphragm, and electrolyte enterprises (hereinafter referred to as the announced enterprises) included in the announcement list shall organize production and operation activities in strict accordance with the requirements of the "Standardized Conditions", and conduct self-inspection in accordance with the requirements of the "Standardized Conditions", submit the previous year's self-inspection report through the lithium-ion battery industry public service platform before March 31 each year, and submit it to the provincial industry competent department. At the same time, fill in the production and operation status table of the previous month online before the 20th of each month, and enter the production and sales of lithium-ion battery product codes according to the relevant national lithium-ion battery coding standards and rules.
The self-inspection report and monthly production and operation status table are important bases for supervising and inspecting the implementation of the "Normative Conditions" by enterprises. They should include but are not limited to the following contents: the production and operation status of the enterprise, the import and export status of products, etc. The self-inspection report should also include the construction and implementation of systems such as quality management, production safety, energy conservation and consumption reduction, and environmental protection in the previous year, changes in legal representatives, equity or capital, qualifications, main product varieties and production capacity, etc.
Article 11 Announcement: When an enterprise encounters any of the following situations, it shall promptly submit an application for change, which shall be verified by the provincial industry regulatory department and then submitted to the Ministry of Industry and Information Technology: change of enterprise name, enterprise merger, division or acquisition and reorganization, major changes in enterprise production capacity or production line, enterprise relocation to a new address, and other major changes.
Article 12 The provincial industry competent department shall supervise and inspect the announcement enterprises' maintenance of standardized conditions and review the self-inspection reports of the enterprises. The supervision and inspection results of the previous year and the self-inspection reports of the enterprises shall be submitted to the Ministry of Industry and Information Technology before April 30 each year.
Article 13 When the provincial industry regulatory department conducts supervision and inspection on the announced enterprises, it shall record the circumstances of the supervision and inspection and the results of the handling, and shall be signed and sealed by the supervision and inspection personnel and the enterprise representative for confirmation.
Article 14 The Ministry of Industry and Information Technology organizes experts to conduct random inspections of announced enterprises from time to time, and entrusts third-party testing agencies to conduct random market inspections of announced enterprise products from time to time. Enterprises that fail the random inspection will be notified and required to make rectifications.
Article 15: Social supervision is welcomed and encouraged. Any unit or individual who finds that an enterprise that is applying for a regulatory announcement or has been announced does not comply with the relevant provisions of these Measures or the relevant requirements of the "Regulatory Conditions" may report it to the competent industrial and information technology departments at all levels.
Article 16 The Ministry of Industry and Information Technology shall dynamically manage the list of announcements of lithium-ion battery industry regulations. If the announcement enterprise has any of the following circumstances, its announcement qualification will be revoked:
(1) Falsification of information in filling out the application form;
(ii) Refusing to accept supervision and inspection or failing to meet the "Standardized Conditions" after inspection;
(III) The product fails to meet the standards in two consecutive random inspections;
(iv) Quality, production safety or pollution liability accidents occur;
(5) Violation of laws, regulations and national industrial policies;
(6) Other situations where the regulatory conditions and management requirements cannot be met.
Article 17 If the Ministry of Industry and Information Technology intends to revoke the qualification for an announcement, it shall notify the relevant enterprises in advance, listen to the statements and defenses of the relevant enterprises, and organize expert discussions as appropriate.
Article 18: For enterprises whose announcements have been revoked, their application materials will not be accepted within two years from the date of the revocation of the announcement.
Chapter IV Supplementary Provisions
Article 19 No fees shall be charged to the applicant enterprise for accepting the announcement application.
Article 20 These Measures shall come into force on Xth day of the month of 2021, and shall be interpreted by the Ministry of Industry and Information Technology. The Interim Measures for the Administration of Standard Announcements in the Lithium-ion Battery Industry (2018 Edition) (Ministry of Industry and Information Technology Announcement No. 5 of 2019) issued on January 25, 2019 shall be repealed at the same time.
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