"Personal opinion" triggers five questions from the Pesticide Association
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The person in charge of the Agriculture and Forestry Department of the State Council Legislative Affairs Office stated that at the beginning of this year, the China Pesticide Industry Association submitted a written query to the Legal Affairs Office and requested to terminate the implementation of the “Pesticide Demonstration†documents in accordance with the Administrative Licensing Law. The Legal Affairs Office has transferred the opinions of the China Pesticide Industry Association to the Ministry of Agriculture. The matter is currently being studied. The person in charge also said that the “certification of pesticides†involves multiple departments, and the Legal Affairs Office needs to listen to multiple opinions, and the results will not be determined at this stage.
A person in charge of the Department of Policies and Regulations of the General Administration of Customs stated that in 1999, the Ministry of Agriculture and the General Administration of Customs jointly issued the "Notice on the Administration of the Registration of Imported and Exported Pesticides" (hereinafter referred to as the "Notice"), which stipulates that importers and exporters must Apply to the Ministry of Agriculture for a “Pesticide Certificateâ€, and the General Administration of Customs will verify it with the “Pesticide Certificate†issued by the Ministry of Agriculture. As a party to the "Rotterdam Convention," China has the obligation to ensure the smooth implementation of external compliance. However, it goes without saying that all government management measures should be based on national interests. He emphasized that in the management of pesticide import and export in China, establishing and improving relevant laws and regulations and rationalizing various relationships are imperative.
With regard to the impact of "pesticide certification" on pesticide companies, Ye Jiming, deputy director of the Ministry of Agriculture's pesticide testing institute, said that "certification of pesticides" did not affect the import and export of pesticide companies, and the Institute of Drug Control has not heard the company's problems on this issue so far. objection. The "Notice" was formulated in accordance with the "Rotterdam Convention." The purpose is to strengthen the management of the import and export of pesticides, and enterprises also agree with this purpose. The drug test center is only the executing agency of the "Notice" and therefore does not express any opinion to the company. Whether the content of the "Notice" will be amended or not, the Institute did not disclose it.
In response to the response of relevant departments, the China Pesticide Industry Association made the following five points:
1. On June 25, 2004, the Legal Affairs Office of the State Council issued a "Replied Letter to the "About the Please Explain the Issues Related to Administrative Licensing" after consulting the Legal and Industry Committee of the Standing Committee of the National People's Congress, clearly stating that exports to exporting units There is no legal or administrative basis for pesticides to issue "certifications of pesticides." At the same time, according to the "Administrative Licensing Law", departmental regulations may not set administrative licenses. Therefore, the permit project should be cleared according to law. Obviously, the two departments of the Ministry of Agriculture and the General Administration of Customs did not implement the provisions of the State Council Legislative Affairs Office and the National People's Congress Law Commission.
2. The "Rotterdam Convention" is only limiting the 27 chemicals listed in the list of PIC products, including 22 pesticides or pesticide formulations. At present, China still produces and exports only 5 varieties of methamidophos. Because only five varieties but thousands of pesticides produced in China are included in the scope of the Rotterdam Convention, the scope of implementation is virtually unlimited.
Third, the interpretation of the meaning of the Convention, the control approach behind. The Rotterdam Convention requires the Secretariat of the Convention to be informed of the situation and our country will prove that it has retained customs. Even if customs inspection of pesticide registration procedures is required, shippers need only present their pesticide registration certificates. However, the current management mode in China is issued by the drug inspection agency to prove the authenticity of its pesticide registration certificate. This is like an enterprise obtaining a business license according to law. Going to the taxation department to complete the formalities still requires the Industry and Commerce Bureau to issue a certificate to prove that its business license is true or false. This way of management makes people puzzled.
4. China is a legalized society. As a national administrative department, the Legal Affairs Office of the State Council has submitted to the National People's Congress Law Commission for approval and made a legally binding decision. It has not been implemented for nearly three years. It's so light and thought-provoking.
V. Through a thorough investigation of the company, it is shown that the introduction and implementation of the "Notice" has indeed caused confusion in China's pesticide production and export management, which has increased the burden on enterprises, and in particular has reduced the export competitiveness of China's pesticides. The majority of pesticide companies strongly demanded that the "Notice" be revoked according to the relevant provisions of the "Administrative Licensing Law" and their implementation be terminated.