For the last two years of the Chinese Rare Earth international litigation , the CPPCC National Committee , China Academy of Engineering , president of the China Rare Earth Industry Association, March 5 Gan Yong told reporters: " with the WTO (WTO) is faced with a very rare case grim situation , we have to appeal to delay the execution time . WTO gives us the right to appeal , but the results, almost delaying action execution time. "

Experts had previously said that the losing end is China rare earth quotas cancellation policy , rare earth open supply , the government can not be bound by the export behavior of enterprises .

Disaster from the quota system

March 2012 , the United States , Japan and the European Union has filed a tripartite trade disputes claims to WTO, believes China for 17 kinds of rare earths and tungsten, molybdenum export quotas and export taxes imposed restrictive measures . After fruitless bilateral negotiations , in September 2012 , the Group of Experts established by the WTO Director-General to adjudicate . Prior to 2011 , WTO had ruled China for bauxite , coke, magnesium and other 9 kinds of raw material export restrictions policy violates WTO rules .

October 25 last year , according to Japanese media reports, because of China 's rare earth export regulations triggered by the U.S. , Japan and Europe 's trade litigation , WTO has basically endorsed the idea of ​​the United States , Japan and Europe , and has issued a notice of tentative judgments countries , finds China committed a violation of the agreement when joining the WTO in 2001 .

It is understood , WTO principle requires the elimination of export restrictions , but provides for two exemptions : " To protect the people , animal or plant life or health measures " and " measures to protect exhaustible natural resources -related if such measures with restrictions on domestic production or consumption with the implementation . " " Once the results are unfavorable to China , China will definitely be a complaint in the WTO framework. " Hao Junbo international litigation lawyer has said .

In fact, the Commerce Department has repeatedly said that on the rare earth issue, the Chinese policy objective is to protect resources and the environment and achieve sustainable development, and has no intention to protect domestic industries through trade-distorting ways.

China has about 23 percent of the world's rare earth reserves , but long-term supply more than 90% of global rare earth production. Previously few years, China has been implementing the export of rare earth rare earth export quota system , namely the annual export volume of the country clearly meet the relevant conditions of production and distribution companies as a way to protect resources and the environment , to achieve the purpose of sustainable development.

Integration requires legal protection

Gan Yong pointed out that domestic rare earth industry consolidation is just the beginning , long way to go , but also real , standardized rare , protection of strategic resources , the need to protect rare earth and other strategic resources from the legislative level .

Last year , the Ministry of Industry and Information Technology Division Materials陈燕海has said more than two years , the state authorities have issued a rare earth industry to implement management practices, industry access , pollutant emission standards and a series of policies and systems to improve the rare earth resources tax , the implementation of the rare earth industry, invoices, and gradually improve the management system of rare earth industry .

To effectively combat illegal activities in 2011 and 2012 , twice the country 's rare earth industry to carry out the order of special rectification action , at present, China 's rare earth industry longstanding resources Luancailuanwa , unplanned and planned production ultra phenomenon has been effectively containment order to further regulate rare earth industry .

This year , the Ministry of Industry and Information Technology will work with relevant departments under the new rare earth industry, the emergence of new problems , timely revise and improve relevant management measures , and study " Rare regulations," according to norms of production and business activities.

As a rare province, Jiangxi Provincial Government 17th executive meeting discussed and adopted the Ganzhou government's " Measures for the Administration of Jiangxi Rare Earth " legislative projects, and projects included in the 2014 provincial regulations . " Measures for the Administration of Jiangxi Rare Earth " included in the provincial government legislative program , which in the dry Yong view, is not enough , the need for relevant legislation from the national level.

" Integration is conducive to the protection of rare earth resources, and other local businesses can also be incorporated into the rare earth industry leading enterprises . " Gan Yong said .


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