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According to the provisions of the Administrative License Law of the People's Republic of China, the Ministry of Agriculture has made revisions to the regulations and regulatory documents involving administrative licensing, and hereby promulgate such revisions. For the regulations and regulatory documents not publicized this time, the administrative licenses established by them shall be invalidated without exception if they do not comply with the provisions of the Administrative License Law of the People's Republic of China. I. MEASURES FOR THE ADMINISTRATION OF LICENSE FOR THE PRODUCTION AND MANAGEMENT OF CROP SEEDS (Order No.48 of the Ministry of Agriculture February 26, 2001) The "30 days" in items (2) and (3), paragraph 1 of Article 8 and in items (2) and (3), paragraph 1 of Article 17 shall be revised as "20 days". II. THE DETAILED RULES FOR THE IMPLEMENTATION OF THE REGULATION ON PLANT QUARANTINE (AGRICULTURAL PART) (Order No. 5 of the Ministry of Agriculture February 25, 1995, revised by Order No. 39 of the Ministry of Agriculture on December 25, 1997) One article shall be inserted after Article 6: "The plant quarantine institution shall make a decision on the examination and approval of the application for quarantine within 20 days from the date of accepting the application, excluding the time as needed for quarantine and expert appraisal." III. MEASURES FOR THE IMPLEMENTATION OF THE REGULATION ON PESTICIDE ADMINISTRATION (Order No. 20 of the Ministry of Agriculture, April 27, 1999, revised by Order No. 18 of the Ministry of Agriculture on July 27, 2002) 1. Sub-item 1, item (1), paragraph 1 of Article 7 shall be revised as: "A pesticide developer shall, when making field experiments in our country, file an application to the Ministry of Agriculture after passing the preliminary examination of the pesticide inspection institution which is subordinated to the competent administrative department of agriculture at the level of the province where it/he is located, the pesticide inspection office of the Ministry of Agriculture shall make examination on the application materials......" Sub-item 3 shall be revised as: "For the application of any overseas pesticide developer or any pesticide developer from Hong Kong, Macao or Taiwan regions for field experiments, the application documents shall be subject to the examination of the pesticide inspection office of the Ministry of Agriculture." Sub-item 4 shall be revised as: "The pesticide inspection office of the Ministry of Agriculture shall make arrangements for completing the examination on farm experiment materials within three months from the day when a pesticide developer has provided all the materials." 2. Sub-item 1, item (2), paragraph 1 of Article 7 shall be revised as: "......it shall, after its materials of application for registration have passed the preliminary examination of the pesticide inspection institution subordinated to the competent administrative department of agriculture at the level of the province where it is located, file an application for temporary registration to the Ministry of Agriculture, the pesticide inspection office of the Ministry of Agriculture shall make a comprehensive appraisal on the application materials,......" Sub-item 3 shall be revised as: "For the application to the Ministry of Agriculture for temporary registration of pesticide filed by an overseas pesticide producer or a pesticide producer from Hong Kong, Macao and Taiwan regions, the application documents shall be subject to the examination of the pesticide inspection office of the Ministry of Agriculture." Sub-item 5 shall be revised as: "The pesticide inspection office of the Ministry of Agriculture shall make arrangements for completing the appraisal on temporary registration within three months from the day when any pesticide producer has supplied all the materials." 3. Sub-item 1, item (3), paragraph 1 of Article 7 shall be revised as: "For any pesticide that may be circulated as formal commodities after model test or test marketing, its producer shall file an application to the Ministry of Agriculture for official registration on the original pesticide and the preparations thereof, and the pesticide inspection office of the Ministry of Agriculture shall make examination on the application materials, which shall, after passing the examination and obtaining the opinions of the departments of agriculture, chemical industry, health, and environmental protection of the State Council and the national supply and marketing cooperatives,......." Sub-item 5 shall be revised as: "The pesticide inspection office of the Ministry of Agriculture shall, within one year from the day when the pesticide producer has provided all the materials, make arrangements for completing the appraisal on formal registration." 4. One paragraph shall be added to Article 9 as paragraph 2, "The data submitted by an applicant for the registration of any pesticide for which registration is made for the first time and which contains new compounds shall be protected according to the provisions of Article 10 of the Regulation on Pesticide Administration." 5. Paragraph 2 of Article 9 shall be renumbered as paragraph 3, which is revised as: "In case the product quality of any pesticide for which an application is filed for registration has no obvious differencefrom the first registered product, the pesticide producer may, within 6 years from the day of official registration of the first registered factory, and with the consent of the first registered factory, use its original pesticide materials and part of preparation materials; and after the first registered factory has obtained the official registration for six years, the pesticide producer may be exempted from providing the original pesticide materials and part of preparations materials." 6. Paragraph 3 of Article 9 shall be deleted. 7. Paragraph 1 of Article 10 shall be revised as: "......the application for the registration of subpackaging of pesticides shall be filed to the Ministry of Agriculture after passing the preliminary examination of the pesticide inspection institution subordinated to the competent administrative department of agriculture at the level of the province where the pesticide producer is located, the pesticide inspection office of the Ministry of Agriculture shall make examination on the application materials......" 8. Paragraph 2 of Article 10 shall be revised as: "The pesticide inspection office of the Ministry of Agriculture shall, within three months from the day when a pesticide producer has supplied all the materials, make arrangements for completing the appraisal on subpackaging registration." 9. One article shall be added to Article 10, "For the application for pesticide registration that has passed the appraisal, the Ministry of Agriculture shall, within 10 days after the appraisal, determine whether to issue the temporary registration certificate of pesticide or formal registration certificate of pesticide." 10. The provisions of Article 19, "An applicant shall pay registration fees when applying for pesticide registration" shall be deleted. 11. Paragraph 2 of Article 34 shall be revised as: "The Ministry of Agriculture shall be responsible for the examination of the pesticide advertisements issued through the major mass media and the advertisements of any pesticide product from overseas and Hong Kong, Macao, and Taiwan regions. Other advertisements shall be subject to the examination of the competent administrative department of agriculture at the level of province where the owner of the advertisement is located. The concrete work for the examination of advertisements shall be undertaken by the pesticide inspection office of the Ministry of Agriculture and the pesticide inspection institution subordinated to the competent administrative department of agriculture at the provincial level." IV. INTERIM MEASURES FOR THE ADMINISTRATION OF NATIONAL EDIBLE MUSHROOM SEEDS (Promulgated by the Ministry of Agriculture on May 28, 1996) One article shall be inserted after Article 12, "The competent administrative department of agriculture of the local people's government at or above the county level shall, within 20 days from the day of accepting the application for a license of production and marketing of mushroom seeds, make a decision on whether to issue a License for Mushroom Seeds Production or a License for Mushroom Seeds Marketing." V. MEASURES FOR THE ADMINISTRATION OF FERTILIZER REGISTRATION (Order No. 32 of the Ministry of Agriculture, June 23rd, 2000) 1. Paragraph 1 of Article 10 shall be revised as: "The Ministry of Agriculture shall be responsible for handling the formalities for accepting the registration of fertilizer, and examining whether the application materials for the registration is complete or not." Paragraph 2 shall be revised as: "When a domestic producer applies for temporary registration of any fertilizer, its/his application materials for registration shall be filed to the Ministry of Agriculture after passing the preliminary examination of the competent administrative department of agriculture at the level of the province where the producer is located." 2. Paragraph 1 of Article 17 shall be revised as: "The Ministry of Agriculture shall, on the basis of the comprehensive appraisal opinions of the appraisal committee for fertilizer registration, make a decision on whether to issue a temporary fertilizer registration certificate or formal registration certificate or not within 20 days after the appraisal is completed." VI. MEASURES FOR THE ADMINISTRATION OF CROP GERMPLASM RESOURCES (Order No. 30 of the Ministry of Agriculture, July 8, 2003) 1. Item (1), paragraph 1 of Article 29 shall be revised as: "......The application for submitting the specifications on crop germ plasm resources shall be filed to the Ministry of Agriculture." 2. Item (2), paragraph 1 of Article 29 shall be deleted. 3. Item (3), paragraph 1 of Article 29 shall be revised as: "The Ministry of Agriculture shall make a decision on the examination and approval within 20 days from the day of receiving the application materials." VII. MEASURES FOR THE ADMINISTRATION OF SAFETY APPRAISAL ON AGRICULTURAL GENETICALLY MODIFIED ORGANISMS (Order No. 8 of the Ministry of Agriculture, January 5, 2002) 1. Article 16 shall be revised as: "The Ministry of Agriculture shall organize safety appraisal on agricultural genetically modified organisms twice a year. The deadline for accepting the application for the first time shall be March 31st each year, and the deadline for accepting the application for the second time shall be September 30 each year. If an application is accepted, it shall be submitted to the National Committee on the Safety of Agricultural Genetically Modified Organisms. The Ministry of Agriculture shall give a reply within 20 days after receiving the results of safety appraisal." 2. The provisions as prescribed in Article 26 regarding "the payment of examination fees" in the application for the safety appraisal of agricultural genetically modified organisms shall be deleted. VIII. MEASURES FOR THE SAFETY ADMINISTRATION ON THE IMPORT OF AGRICULTURAL GENETICALLY MODIFIED ORGANISMS (Order No. 9 of the Ministry of Agriculture, January 5, 2002) 1. Article 3 shall be revised as: "The Ministry of Agriculture shall be responsible for the work of safety administration on the import of agricultural genetically modified organisms. The National Committee on the Safety of Agricultural Genetically Modified Organisms shall be responsible for the work of safety appraisal on the import of genetically modified organisms." 2. Article 6 shall be revised as: "To import any of the agricultural genetically modified organisms that falls within the safety grades III and IV from without the territory of the People's Republic of China for experiment and research purposes and to import any of the agricultural genetically modified organisms of all safety grade for intermediate experiments, the importer shall file an application to the Ministry of Agriculture and submit the following materials......" 3. Article 7 shall be revised as: "To import any of the agricultural genetically modified organisms from without the territory of the People's Republic of China for the purpose of environmental release or productive experiment, the importer shall file an application to the Ministry of Agriculture and submit the following materials......" 4. Article 9 shall be revised as: "In case any overseas company exports to the People's Republic of China any genetically modified plant seed, breeder, aquatic seedling or any plant seed, breeder, aquatic seedlings, pesticide, veterinary drug, fertilizer or feed additives and etc. that are produced by making use of agricultural genetically modified organisms or that contain ingredients of agricultural genetically modified organisms, and plans to use them for production and application, it shall file an application to the Ministry of Agriculture and provide the following materials......" 5. Article 12 shall be revised as: "An overseas company shall, when exporting to the People's Republic of China any agricultural genetically modified organism for the purpose of using it as processing material, it shall apply to the Ministry of Agriculture for obtaining a safety certificate of agricultural genetically-modified organisms." 6. One article shall be inserted after Article 16: "In case anyone exports to China any agricultural genetically modified organism for the purpose of using it directly as consumer goods, it shall handle it according to the procedures of China for the examination and approval of agricultural genetically modified organism exported for the purpose of using it as processing materials." IX. MEASURES FOR THE ADMINISTRATION OF LABELS OF AGRICULTURAL GENETICALLY MODIFIED ORGANISMS (Order No. 10 of the Ministry of Agriculture, January 5, 2002) Article 12 shall be revised as: "The competent administrative department of agriculture that is responsible for the work of examination and certification of the labels of agricultural genetically modified organisms shall make a decision within 20 days from the day of accepting the application, and shall notify the applicant." X. MEASURES FOR THE PROTECTION OF AGRICULTURAL WILD PLANTS (Order No. 21 of the Ministry of Agriculture, September 6, 2002) 1. Item 1, paragraph 1 of Article 15 shall be revised as: "Anyone applying for collecting any of the wild plants under first-grade State protection shall obtain the examination and approval opinions signed by the competent administrative department of agriculture at the provincial level, and report to the Ministry of Agriculture for a collection license." 2. One Article shall be inserted after Article 15: "The following materials shall also be submitted when applying for collecting any of the wild plants under first-grade State protection: (1) Where there is necessity to obtain any specimen of wild plants from outdoor in carrying out scientific research and resource investigation, or there is necessity to obtain any seed resources for carrying out artificial cultivation or domestication of any wild plant, the applicant shall provide the project examination and approval documents as replied by the competent administrative department at or above the county level, letter (contract) of project deployment and the implementation scheme (all in photocopies). (2) Where there is necessity to obtain any specimen or experimental materials from outdoor for undertaking any scientific and research project of the provincial or ministerial level or above, the documents of examination and approval for the project, letter (contract) of project deployment and the implementation scheme (all in photocopies) shall be provided. (3) Where there is necessity to provide and obtain any living body of wild plants from outdoor due to the requirement of national affairs, the certificate documents (photocopy) of the competent administrative department of foreign affairs of the State Council shall be issued. (4) Where the collection is made due to the demand for adjusting and controlling the quantity and structure of wild plant community after scientific reasoning, the reasoning report or explanation of the competent administrative department of agriculture at or above the provincial level or the scientific and research institutions at or above the provincial or ministerial level shall be provided." 3. Paragraph 1 of Article 16 shall be revised as: "The competent administrative department of agriculture that is responsible for issuing the opinions of examination and approval shall issue the examination and approval opinions within 20 days from accepting the application. If it approves the collection, it shall report it to the upper level administrative department of agriculture for examination and approval." Paragraph 2 shall be revised as: "The competent administrative department of agriculture that is responsible for checking and issuing collection licenses or its authorized wild plants protection administration institution shall, within 20 days after receiving the materials of examination submitted by the competent administrative department of agriculture at the lower level, make a decision on approval or disapproval, and shall notify the applicant in time." 4. Paragraph 1 and 2 of Article 18 shall be incorporated and revised as: "Anyone that sells or purchases any of the wild plants under first-grade State protection shall fill in an Application Form for the Sale or Purchase of Wild Plants under first-grade State protection, and the competent administrative department of agriculture at the provincial level or its authorized wild plant protection administration institutions shall complete the examination within 20 days from the day of receiving the application, and make a decision on whether to grant approval or not and shall notify the applicant." 5. Paragraph 1 of Article 21 shall be revised as: "......after the examination opinions are issued by the competent administrative department of agriculture at the level of the province where the applicant is located, report it to the Ministry of Agriculture to obtain a Form of Examination and Approval for Import and Export of Wild Plants under Key State Protection. The Ministry of Agriculture shall, within 20 days from the day of receiving the examination materials submitted by the competent administrative department of agriculture at the provincial level, make a decision on whether to approve or not and shall notify the applicant." 6. One article shall be added after Article 21: "The following materials shall be submitted for the application for exporting wild plants under key state protection or importing or exporting any wild plant whose import or export is restricted by any international convention concluded by China: (1) An application Form for the Import and Export License of Wild Plants under Key State Protection. (2) Photocopy of the certification documents of the legal person of the applicant . (3) Photocopy of the import or export contract (agreement). (4) For the export of any wild plant and the product produced from the wild plant, the photocopy of the License for the Collection of Wild Plants under Key State Protection as issued by the competent administrative department of agriculture at or above the provincial level or its authorized institution shall be provided. If the wild plant is purchased at its source, the documents of examination and approval for the sale and purchase as issued by the competent administrative department of agriculture and the purchase contract (both are photocopies) shall also be provided. (5) For the export of any product containing the ingredients of agricultural plants under key state protection, the specifications on the ingredients of the product and the specification as recognized by the competent administrative department of agriculture at or above the level of the province where the product production entity is located, and the report on the inspection of the product ingredients as issued by the professional scientific and research inspection institution at or above the provincial level shall be provided. (6) If the import or export is for the purpose of trading, the photocopy of the certificate of the import and export enterprise as issued by the department of foreign trade and economics of the State Council or its authorized institution shall also be provided." 7. Paragraph 1of Article 22 shall be revised as: "Any foreigner who complies with the provisions of Article 21 of the Regulation and makes survey outdoor upon the approval of the Ministry of Agriculture shall, under the accompaniment of the relevant personnel of the competent local administrative department of agriculture, make the survey according to the prescribed time, areas, route and species of plants." XI. DETAILED RULES FOR THE IMPLEMENTATION OF THE REGULATION OF THE PEOPLE'S REPUBLIC OF CHINA ON PROTECTION OF NEW PLANT VARIETIES (AGRICULTURAL PART) (Order No.13 of the Ministry of Agriculture, June 16, 1999) One article shall be added after Article 12: "The Ministry of Agriculture or the relevant administrative departments shall accept the applications for transfer of the application right and variety right of a new variety of plant. The Ministry of Agriculture shall give a reply within 20 days from the day of accepting the application." XII. MEASURES FOR THE ADMINISTRATION OF TRANS-REGIONAL OPERATION OF COMBINES (Order No. 29 of the Ministry of Agriculture, July 4, 2003) 1. Paragraph 2 of Article 7 shall be revised as: "An intermediate service organization of trans-regional operation shall be put on the archives of the administrative departments of agricultural machinery at or above the county level, the concrete measures for which shall be formulated by the administrative departments of agricultural machinery of each province, autonomous region and municipality directly under the Central Government." 2. Article 8 shall be deleted. 3. One paragraph shall be added to Article 10 as paragraph 2: "An intermediate service organization of trans-regional operations shall be equipped with corresponding traffic and communications service equipment and personnel to provide quality service to the combines and their drivers that take part in trans-regional operations, and shall abide by the provisions of the relevant laws, regulations and rules." 4. Article 12 shall be revised as: "For a combine that undertakes trans-regional operations, its owner may apply for an Operation Certificate of Trans-regional Harvesting by Combines (hereinafter referred to as the 'Operation Certificate'). For those complying with the requirements, the administrative department of agricultural machinery shall issue the Operation Certificate for free and make registration and put it on the archives of the Ministry of Agriculture via level-by¨Clevel transfer." 5. Article 14 shall be revised as: "The Operation Certificate shall be uniformly formulated by the Ministry of Agriculture, used within the whole nation, and is effective in the current year. No one may alter, make onward lending, forge or buy in and sell the Operation Certificate at a profit." 6. Article 15 shall be revised as: "No combine that has no clear operation place may flow blindly to other place to disturb the order of trans-regional operation." 7. Article 29 shall be revised as: "In case any intermediate service organization of trans-regional operations is not equipped with corresponding service facilities and technicians, or fails to perform its service commitment, or only charges fees without providing any service or charge more than is due, the administrative department of agricultural machinery at or above the county level shall give it a warning, order it to return the service charges and impose upon it a fine ranging from RMB 500 Yuan to 1000 Yuan. If it violates the relevant charging standards, the administrative department of agricultural machinery shall cooperate with the competent department of price to make investigations and impose upon it a punishment according to law." 8. Article 33 shall be revised as: "In case any wholly foreign-funded enterprise, Sino-foreign equity joint venture enterprise or contractual joint venture enterprise establishes any intermediary service organization of trans-regional operations within the territory of our country to undertake intermediary service activities of trans-regional operations, it shall be put on the archives of the administrative department of agricultural machinery." XIII. INTERIM PROVISIONS ON ADULT EDUCATION ON AGRICULTURAL MACHINERY (Promulgated by the Ministry of Agriculture on August 21st, 1993, revised by Order No.39 of the Ministry of Agriculture on December 25, 1997) Article 9 shall be deleted. XIV. MEASURES FOR THE ADMINISTRATION OF NATIONAL RURAL MACHINE MAINTENANCE PLACES (Promulgated by the Ministry of Agriculture, Animal Husbandry and Fishery on November 15, 1984, and revised by Order No. 39 of the Ministry of Agriculture on December 25, 1997) 1. Article 2 shall be revised as: "Anyone who opens rural machine maintenance places shall obtain a Certificate of Agricultural Machinery Maintenance Technology of the corresponding grade, and go through the formalities for industry and commerce registration according to law at the administrative department of industry and commerce. The rural machine maintenance places shall include grade one, two and three comprehensive maintenance places and special maintenance places. The relevant industry standards shall be followed for the practicing technological conditions on the maintenance places at each grade." 2. Article 5 shall be revised as: "An application for a Certificate of Agricultural Machine Maintenance Technology shall be filed to the administrative department of agriculture (agricultural machinery) of the people's government at or above the county level, with the following materials being submitted concurrently: (1) An application Form for Operation of Agricultural Machine Maintenance; (2) Identity certificate of the applicant; (3) The corresponding maintenance facilities and the site use certificate; (4) A list of the major maintenance equipments and testing apparatuses; and (5) The title of a technical post and professional qualification certificate of the major practicing personnel. The administrative department of agriculture (agricultural machinery) of the people's government at or above the county level shall make a decision on whether to issue a Certificate of Agricultural Machine Maintenance Technology within 20 days from the day of accepting the application. If it decides not to issue the certificate, it shall notify the applicant in writing and explain the reasons." XV. PROVISIONS ON SAFETY SUPERVISION OVER COMBINES AND THEIR DRIVERS (Order No. 10 of the Ministry of Agriculture, April 30, 1999) 1. Article 5 shall be revised as: "The competent administrative departments of agriculture (agricultural machinery) of the people's government at or above the county level shall be responsible for the work of safety supervision over the combines and their drivers within their own jurisdictions. The agricultural machinery safety supervision institutions (hereinafter referred to as the 'agricultural machinery supervision institution') of the competent administrative departments of agriculture (agricultural machinery) of the people's government at or above the county level shall handle the specific work of registration of combines and the driving license of combines and the safety supervision business." 2. Article 8 shall be revised as: "The following materials shall be submitted for the registration of combines, and an application shall be filed to the agricultural machinery supervision institution of the competent administrative departments of agriculture (agricultural machinery) of the people's government at or above the county level, and for those that found upon technical inspection to comply with the provisions and up to the standard, the agricultural machinery supervision institution shall issue to a registration certificate, a number and plate and a driving license: (1) Form of Agricultural Machinery Registration; (2) Derivation Credence of Agricultural Machinery; (3) Certificate of Agricultural Machinery Products; and (4) Identity certificate of the owner or entity of the agricultural machinery." 3. Article 17 shall be revised as: "Any personnel who applies for the first time or applies for learning how to drive a new types of combines shall fill in a Registration Form of Drivers, submit a certificate that he meets the physical examination requirements and submit his identity card for checking. If anyone applies for learning how to drive a new type of combine, he/she shall also submit his/her driving license for checking. Anyone who has passed the theoretical subjects after examination, the agricultural machinery supervision institution shall issue to him a certificate allowing him to take part in driving within 3 days and arrange the examination on technical subjects after 20 days." 4. Article 20 shall be revised as: "Anyone who studies for the first time how to drive a combine shall, after passing all the examination subjects, be issued an official driving license within 5 days. If he/she applies for increasing any more type of combine that he is allowed to drive, he/she shall, after passing the examination on the prescribed subjects, be issued a new driving license within 5 days, and his/her former driving license shall be taken back." XVI. REGULATION OF THE MINISTRY OF AGRICULTURE, ANIMAL HUSBANDRY AND FISHERY OF THE PEOPLE'S REPUBLIC OF CHINA ON THE WORK FOR APPRAISAL OF AGRICULTURAL MACHINERY (FOR TRIAL IMPLEMENTATION) (Promulgated by the Ministry of Agriculture, Animal Husbandry and Fishery on August 31st, 1982, Revised by Order No.39 of the Ministry of Agriculture on December 25, 1997) 1. The title of the "Regulation of the Ministry of Agriculture, Animal Husbandry and Fishery of the People's Republic of China on the Work for the Appraisal of Agricultural Machinery (For Trial Implementation)"shall be changed as the ¡°Measures for the Experimentation and Appraisal of Agricultural Machinery", and in Article 1: "The present Regulation is hereby formulated¡± shall be altered as "The present Measures are formulated". 2. Article 2 shall be revised as: "The appraisal on agricultural machinery shall refer to assessing comprehensively the use value of any agricultural machinery through scientific testing or measurement and production examination so as to provide foundations for selecting applicable machines or tools for agriculture and popularizing advanced technology for the mechanization of farming." 3. The "License for Popularization of Agricultural Machinery" in Articles 9 and 12 shall be altered as "Certificate of Appraisal for Popularization of Agricultural Machinery." 4. Article 17 shall be revised as: "Any product that has passed the appraisal of agricultural machinery may be brought into the scope of such policy support of the state as financial subsidy, preferential credit and government procurement on promoting the popularization of technology and the mechanization of farming." XVII. DETAILED RULES FOR THE IMPLEMENTATION OF THE REGULATION ON BREEDERS ADMINISTRATION (Order No.32 of the Ministry of Agriculture on January 5, 1998) 1. Article 6 shall be revised as: "No crossbreeding may be conducted among the preserved breeders. In case there is necessity to crossbreed due to breeding, an application shall be filed to and the competent administrative department of farming of the people's government at the provincial level for archival filing." 2. One paragraph shall be added to Article 7 as paragraph 1: "The import and export of breeders shall comply with the national programming and plan for import and export of breeders, and shall comply with the provisions on the check-list of the varieties of breeders for import and export." 3. Article 8 shall be revised as: "Any entity or individual that imports or exports breeders shall file an application to the competent administrative department of farming of the people's government at the provincial level, and submit the following materials: (1) A Form of Examination and Approval for Import and Export of Breeders; (2) A photocopy of the license for production and management of breeders; (3) The certificate of genealogy of breeders as issued by the government of the export country or the institution entrusted by the government thereof; (4) The materials specifying the quantity of the imported breeders as applied for complies with actual throughput; and (5) The Contract for Agency-Based Import of Breeders as signed by the domestic application importer and the agent of import and export, and the Contract for the Sale of Breeders as signed by the importer and exporter. For any entity that engages in import and export by itself, it may only provide the Contract for the Sale of Breeders. The competent administrative department of farming of the people's government at the provincial level shall, after accepting the application, complete the examination within 20 days. If the application complies with the requirements after examination, it shall be submitted to the competent administrative department of farming of the State Council for examination and approval. The competent administrative department of farming of the State Council shall make a decision on whether to grant approval or not within 20 days after receiving the application materials submitted by the competent administrative department of farming of the people's government at the provincial level. If it believes that it is necessary to make technical examination or measurement, it shall entrust the national committee on the examination of varieties of breeders and birds to make a technical examination or measurement." 4. Article 22 shall be deleted. XVIII. MEASURES FOR THE ADMINISTRATION OF LICENSES FOR PRODUCTION AND MANAGEMENT OF BREEDERS (Order No. 4 of the Ministry of Agriculture, November 5, 1998) 1. Article 16 shall be revised as: "An applicant entity shall file an application to the competent administrative department of farming at the province, autonomous region or municipality directly under the Central Government, and submit the following materials: (1) An application Form; (2) Explanations on the basic conditions of the breeders places; and (3) Certificate of the sources of variety." 2. Article 17 shall be revised as: "The competent administrative department of farming at the province, autonomous region and municipality directly under the Central Government shall issue its examination opinions within 20 days from the day of accepting the application, and report the examination opinions and application materials to the Ministry of Agriculture for examination and approval." 3. Article18 shall be revised as: "The Ministry of Agriculture shall organize an expertise appraisal within 10 days after receiving the application documents, and make a decision on whether to issue the License for Production and Management of Breeders or not within 10 days after receiving the expert appraisal opinions." XIX. PROVISIONS ON THE APPROVAL NUMBERS FOR VETERINARY DRUGS (No.4 [1998] of the Ministry of Agriculture, March 10, 1998) Article 7 shall be revised as: "When applying for an approval number for a veterinary drug, the samples of three consecutive batches and the following materials shall be submitted: (1) An application form for an approval numberfor the veterinary drug; (2) Photocopy of its production license; (3) A self-inspection report on the samples submitted in triplicate; and (4) A sample of the labels and specifications submitted in triplicate. In case the veterinary drug applied for involves technological transfer, the photocopy of the transfer agreement shall also be submitted. The organ for the issuance of the approval number for veterinary drugs shall, after accepting an application, organize an inspection on the samples within 5 days, and make a decision on whether to issue the approval number within 15 days after receiving the report on the inspection result." XX. MEASURES FOR THE ADMINISTRATION OF LABELS AND SPECIFICATIONS OF VETERINARY DRUGS (Order No. 22 of the Ministry of Agriculture, October 31st, 2002) Article 13 shall be revised as: "The specifications on veterinary drugs may not be used until they have passed the examination and approval of the Ministry of Agriculture or the administrative department of farming and veterinarian at the provincial level according to the power of approval for veterinary drugs. The formalities for examination and approval shall conducted according to the former application procedures when the contents are revised." XXI. MEASURES FOR THE TRIAL IMPLEMENTATION OF THE ADMINISTRATION ON THE PRESERVATION OF VETERINARY MICROORGANISM BACTERIA SEEDS (Promulgated by the Ministry of Agriculture on November 25, 1980) Item (13) of Article 5 shall be revised as: "The scope of supply for the bacteria seeds of categories I and II shall be strictly controlled, and the conditions as prescribed in the present Measures shall be complied in their use." XXII. MEASURES FOR THE ADMINISTRATION OF ANIMAL QUARANTINE (Order No.14 of the Ministry of Agriculture, May 24, 2002) 1. Article 16 shall be revised as: "To introduce any breeding animals, their semen, embryos and breeding eggs from another province, the owner of the goods shall fill in a Form of Examination and Approval for Quarantine on Seeds Introduced from Other Places, and go through the formalities for quarantine examination and approval at the animal epidemic prevention and supervision institution at the level of the province where such goods are introduced. The animal epidemic prevention and supervision institution at the level of the province of the introduction place shall make decision on whether to approve the introduction of the seeds or not within 3 days according to the conditions on the occurrence of animal epidemic disease of the output place. If the animal epidemic prevention and supervision institution at the level of the province of the introduction place approves the introduction of the seeds, the owner of the goods shall report to the animal epidemic prevention and supervision institution at the level of the county of the introduction place upon the strength of the decision on approving the seeds introduction. The animal epidemic prevention and supervision institution at the level of the county of the output place shall organize a quarantine inspection within 15 days after receiving the application for quarantine inspection. If it passes the quarantine, a certificate of quarantine requirements shall be issued. After reaching the place of introduction, the owner of the goods shall report to the animal epidemic prevention and supervision institution at the introduction place for quarantine inspection upon the strength of the quarantine certificate." 2. Article 27 shall be revised as: "An animal quarantine supervision institution shall make a quarantine and sterilization according to the present Measures and collect quarantine fees in accordance with the provisions of the administrative department of price and finance of the State Council." XXIII. MEASURES FOR THE ADMINISTRATION OF REGISTRATION ON IMPORTED FEED AND FEED ADDITIVES (Order No. 38 of the Ministry of Agriculture, August 17, 2000) 1. Article 6 shall be revised as: "The Ministry of Agriculture shall, within 5 days after accepting a application, send the sample of a product to the designated feed quality inspection institution to make a product quality checking and inspection." 2. Article 11 shall be revised as: "The Ministry of Agriculture shall, within 5 days after receiving the report on quality checking and inspection, determine whether to issue a product registration certificate for imported feed or feed additives or not. In any of the circumstances as prescribed in Articles 8 and 9, it shall submit the results of animal raising and feeding test and the security appraisal test to the National Feed Appraisal Committee for examination within 5 days, and determine whether to issue a product registration certificate for imported feed or feed additives according to the appraisal result within 10 days." 3. Article 17 shall be revised as: "For the feed and feed additives whose production country (or region) has ceased the production or use thereof, or for any imported feed and feed additive not up to the standard after supervision and selective examination and inspection for more than two consecutive times, the Ministry of Agriculture shall cancel its product registration and make a public notice for it." 4. Article 20 shall be deleted. XXIV. MEASURES FOR THE ADMINISTRATION OF LICENSES FOR THE PRODUCTION OF FEED ADDITIVES AND ADDITIVE PREMIX (Order No. 24 of the Ministry of Agriculture, December 9, 1999, revised by Order No. 26 of the Ministry of Agriculture on April 7, 2003) 1. Article 11 shall be revised as: "The administrative department of feed at the provincial level shall, within 10 days after accepting the application, organize an expertise appraisal on the application enterprise. The expert appraisal shall include written examination and on-the-spot investigation." 2. Article 12 shall be revised as: "If any enterprise has passed the expertise appraisal, the administrative department of feed at the provincial level shall fill in a Form of Comprehensive Examination on the Enterprises Undertaking the Production of Feed Additives and Additive Premix, and make a report to the Ministry of Agriculture together with the application materials of the enterprise within 10 days." 3. Article 13 shall be revised as: "The Ministry of Agriculture shall, within 10 days from receiving the application documents submitted by the administrative department of feed at the provincial level, submit the application to the Feed Additives and Additive Premix Production License Expert Examination Committee of the Ministry of Agriculture for appraisal, and determine whether to issue a production license or not within 10 days on the basis of the appraisal result." 4. Article 18 shall be revised as: "The archival filing system shall be applied to the enterprises that undertakes the production of feed additives and additive premix. An enterprise shall fill in the archival filing form at the end of March each year and report it to the administrative department of feed at the provincial level. In case there is any material change in the production conditions of the enterprise during the examination on archival filing, or there exists any serious hidden trouble in safety and sanitation and safety of production quality and other issues, the administrative department of feed at the provincial level shall make investigation and report the investigation result to the Ministry of Agriculture. The Ministry of Agriculture shall make supervision and inspection on the archival filing conditions occasionally. The administrative department of feed at the provincial level shall collect the archival filing materials at the end of June each year and report them to the Ministry of Agriculture by email." 5. Article 21 shall be revised as: "In case any enterprise is under any one of the following circumstances, the administrative department of feed shall order it to rectify within a prescribed time limit. If it is not up to the standard yet after rectification, the Ministry of Agriculture shall cancel its production license and make an announcement: (1) The basic conditions of the enterprise are considerably changed, and the enterprise no longer has the basic production conditions; (2) The enterprise has not reported the archival filing materials for two consecutive years, and refuses to correct after being urged to do so; (3) The production enterprise has ceased production for one year or more; or (4) The production enterprise fails to notify the competent department for its changing of address." In case any production enterprise goes bankrupt or is merged, the Ministry of Agriculture shall revoke its production license and make a public notice. XXV. MEASURES FOR THE ADMINISTRATION OF THE APPROVAL NUMBER FOR PRODUCTS OF FEED ADDITIVES AND ADDITIVE PREMIX (Order No. 23 of the Ministry of Agriculture, December 9, 1999) Paragraph 1 of Article 5, which provides that "The administrative department of feed at the provincial level shall make a decision on whether to issue an approval number within 30 workdays after accepting the application", shall be revised as: "The administrative department of feed at the provincial level shall make a decision on whether to issue an approval number within 20 workdays after accepting the application." XXVI. MEASURE FOR THE ADMINISTRATION OF NEW FEED AND NEW FEED ADDITIVES (Order No. 37 of the Ministry of Agriculture, August 17, 2000) 1. Article 5 shall be deleted. 2. Article 6 shall be revised as: "The Ministry of Agriculture shall, within 5 days after accepting the application, send the sample of a product and the relevant materials to the designated institution for product quality checking and inspection, animal raising and feeding test, and safety appraisal test, and the applicant shall offer assistance. The applicant shall assume legal liabilities for the bad effects caused due to the application of the testing products during the course of animal raising and feeding test and safety appraisal test." 3. Article 7 shall be revised as: "If any product is not up to the standard after quality checking and inspection, and the applicant dissents with it, he/it may apply to the Ministry of Agriculture for a new check." 4. Article 8 shall be revised as: "After a product has passed quality checking and inspection, and after the animal raising and feeding test and the safety appraisal test have been completed, the Ministry of Agriculture shall submit the relevant materials to the National Feed Appraisal Committee for appraisal within 5 days, and make a decision on whether to issue a certificate of new feed or new feed additives within 10 days. If it decides to issue a certificate of new feed or new feed additives, the Ministry of Agriculture shall make a public notice." 5. Article 13 shall be revised as: "Before a new feed additive is trial-produced, the producer shall, according to the provisions of the Ministry of Agriculture on issuing the production license and the approval number, handle production license and the approval number for the trial-produced product." 6. Article 14 shall be revised as: "In case it is proved that there is any issue of security or effectiveness on any new feed or new feed additive within the period of trial production, or it may endanger the environment, the Ministry of Agriculture shall revoke its certificate of new feed or new feed additive, and make a public notice. In case any new feed additive needs to continue to be produced after the expiry of the period of trial production, the producer shall, within 6 months before the expiry of the period of trial production, apply for an approval number for the product to the administrative department of feed at the level of the province at its locality." 7. Article 11 shall be deleted. XXVII. PROVISIONS ON FISHERY LICENSE ADMINISTRATION (Promulgated by the Ministry of Agriculture on August 23rd, 2002) 1. Article 10 shall be revised as: "Anyone who applies for ocean fishing vessel and net devices quota shall provide the following materials: (1) For the manufacture of ocean fishing vessels: a. An Application for Fishing Vessel and Net Devices Quota; b. The photocopy of the business license of an enterprise legal person or that of the certificate of individual household register. In case anyone applies for manufacturing any fishing vessel after its ocean fishing vessel becomes out of date, it/he shall, apart from providing the materials as prescribed in item (1), also provide the original and a photocopy of the Certificate for Discarded Fishing Vessels and the Certificate for the Dismantlement, Destruction or Disposal of Discarded Fishing Vessels as issued by the competent administrative department of fishery at or above the county level. In case anyone applies for the manufacturing of any ocean fishing vessel after its fishing vessel is lost due to average accident, it/he shall not only provide the materials as prescribed in item (1), but also provide the original of the certificate of loss and the writing-off certificate of relevant certificates. In case anyone applies for the manufacturing of any fishing vessel that is operated at the sea area under the jurisdiction of another country, it/he shall not only provide the materials as prescribed in item (1), but also provide the cooperative agreement with the foreign party or the original and photocopy of the certificate of approval for fishing by the relevant authorities. In case anyone applies for manufacturing any specialized ocean fishing vessel, it/he shall, apart from providing the materials as prescribed in item (1), also provide a feasibility study report on ocean fishery projects; (2) Purchase of ocean fishing vessels: a. An Application for Fishing Vessel and Net Devices Quota; b. The photocopy of the business license of enterprise legal person or that of the certificate of individual household register; c. The original and a photocopy of the to-be-purchased fishery vessel inspection certificate and of the certificate of nationality (registration); and d. The original and photocopy of the fishery license. Anyone applying for purchasing any specialized ocean fishing vessel shall, apart from providing the materials as prescribed in item (2), also provide a feasibility study report on ocean fishery projects. Anyone applying for purchasing any fishing vessel that is operated at the sea area under the jurisdiction of any other country shall not only provide the materials as prescribed in item (2), but also provide the cooperation agreement with the foreign party and the original and a photocopy of the certificate of approval for fishing issued by the relevant authority. Anyone applying for purchasing any domestic fishing vessel trans-provincially shall, apart from providing the materials as prescribed in item (2), also provide the original of the certificate of approval for transferring the vessel and net devices quotas as issued by the competent administrative department of fishery at the level of the province where the seller is located. (3) Renewal and rebuilding of ocean fishing vessels: a. An Application for Fishing Vessel and Net Devices Quota; b. A photocopy of the business license of enterprise legal person or that of the certificate of individual household register; c. The originals and a photocopy of the fishery vessel inspection certificate and of the certificate of nationality (registration); and d. The original and a photocopy of the fishery license. Anyone applying for renewing and rebuilding any specialized ocean fishing vessel shall, apart from providing the materials as prescribed in item (3), also provide a feasibility study report on ocean fishery projects. Anyone applying for renewing and rebuilding any fishing vessel that is operated at the sea area under the jurisdiction of any other country shall, apart from providing the materials as prescribed in item (3), also provide the cooperation agreement with the foreign party and the original and a photocopy of the certificate of approval for fishing issued by the relevant authority. Anyone applying for increasing the power of the main engine of any fishing vessel shall, for the quota on the increased vessel and net devices, apart from providing the materials as prescribed in item (3), also provide the original and a photocopy of the Certificate for Discarded Fishing Vessels and the Certificate for Dismantlement, Destruction or Disposal of Discarded Fishing Vessels as issued by the competent administrative department of fishery at or above the county level. (4) Importing ocean fishing vessels: a. An Application for Fishing Vessel and Net Devices Quota; b. A photocopy of the business license of enterprise legal person or that of the certificate of individual household register; c. The reasons for the import; and d. The original and a photocopy of the Technical Appraisal Letter for Import of Old Fishery Vessels. Anyone applying for importing any specialized ocean fishing vessel shall, apart from providing the materials as prescribed in item (4), also provide a feasibility study report on ocean fishery projects. Anyone applying for importing any fishing vessel that is operated at the sea area under the jurisdiction of any other country shall, apart from providing the materials as prescribed in item (4), also provide the cooperation agreement with the foreign party and the original and a photocopy of the certificate of approval for fishing issued by the relevant authority. (5) Re-issuance of a Documents of Approval for Fishing Vessel and Net Devices Quota: a. An Application for Fishing Vessel and Net Devices Quota; b. A photocopy of the business license of enterprise legal person or that of the certificate of individual household register; and c. The certificate of loss provided by the competent institution in charge at or above the level of the county at its/his locality." 2. Article 11 shall be revised as: "The application for the vessel and net devices quota of the following ocean fishing vessels shall be filed to the competent administrative department of fishery of the people's government at the provincial level, which shall complete the preliminary examination within 20 days from the day of accepting the application, and report the examination opinions and all the application documents of the applicant to the Ministry of Agriculture for examination and approval: (1) Specialized ocean fishing vessels; (2) Large ocean fishing vessels with a trawl or purse net; (3) Dealings of fishing vessels between different provinces, autonomous regions and municipalities directly under the Central Government; (4) The vessels exceeding the fishing vessel and net devices quota allocated by the state to a province, autonomous region or municipality directly under the Central Government; and (5) Other fishery vessels that shall be subject to the examination and approval of the Ministry of Agriculture according to law. The Ministry of Agriculture shall, within 20 days from the day of receiving the materials submitted by the competent administrative department of fishery of the people's government at the provincial level, make a decision on whether to approve the vessel and net devices quota or not. Any entity directly under the Central Government shall, when applying for the vessel and net devices quota for the ocean fishing vessels as prescribed in paragraph one of this article, file an application to the Ministry of Agriculture directly. The Ministry of Agriculture shall, within 20 days from accepting the application, make decision on whether to approve the vessel and net devices quota or not." 3. Article 12 shall be revised as: "Apart from the circumstances as prescribed in Article 11, an application for the vessel and net devices quota of other ocean fishing vessels shall be filed to the competent administrative department of fishery of the people¡¯s government at the provincial level, which shall, within 20 days from the day of accepting the application, make a decision on whether to approve the vessel and net devices quota or not." 4. Article 14 shall be revised as: "An applicant shall go through the formalities for fishing vessel manufacture, renewal and rebuilding, purchase or import and apply for naming the fishing vessel, and handling the vessel inspection, registration, and fishery license upon the strength of the Documents of Approval for Vessel and Net Devices Quota. The period of validity of the Documents of Approval for Vessel and Net Devices Quota shall not exceed 18 months." 5. Paragraph 1 of Article 18 shall be revised as: "The competent administrative department of fishery at or above the county level shall conduct examination and approval to the applications and issue fishery licenses according to the prescribed power, and shall clarify the licensed type of operation, place, time limit, quantity and specification of fishing gears and the variety of fishing, and etc. For any variety or water area subject to fishing quota administration, the verified amount of fishing quota shall be clarified." 6. Article 19 shall be deleted. 7. Article 20 shall be revised as: "An application for a fishery license of the following operating fishing vessels shall be filed to the competent administrative department of fishery of the people's government at the provincial level, which shall complete the examination within 20 days from the day of accepting the application, and report to the Ministry of Agriculture for examination and approval: (1) To operate at the mare liberum; (2) To operate in the fishing areas subject to joint management as determined in agreements concluded between China and other relevant countries, Nansha Islands sea areas, and Huangyan Island sea areas; (3) Large ocean fishing vessel with a trawl or purse net; (4) To operate beyond the boundaries of sea areas; (5) To operate in a specially designated fishery resource fishing place, aquatic germ plasm resource protection area; (6) For the reason of cultivation or other special needs, to fish fries of great economic importance or brood species banned from fishing as announced by the Ministry of Agriculture; (7) For the reason of teaching, scientific research or other special needs, to conduct fishing operations within a prohibited fishing area or period announced by the Ministry of Agriculture. The Ministry of Agriculture shall, within 15 days from the day of receiving the materials submitted by the competent administrative department of fishery of the people's government at the provincial level, make a decision on whether to issue the fishery license or not. Any entity directly under the Central Government shall, when applying for the fishery license as prescribed in paragraph 1 of this article, file an application directly to the Ministry of Agriculture. The Ministry of Agriculture shall, within 20 days from the day of accepting the application, make a decision on whether to issue the fishery license or not." 8. Article 21 shall be deleted. 9. Paragraph one of Article 22 shall be revised as: "......issue a certificate, and report to the department of examination and approval at the place where the operating area is located." 10. Article 23 shall be revised as: "Apart from the circumstances as prescribed in Articles 19 and 20 of the present Provisions, the fishery license of other operations shall be subject to the examination and approval of and shall be issued by the competent administrative department of fishery of the local people's government at the county level, the concrete measures for which shall be prescribed by the people's government of the province, autonomous region, and municipality directly under the Central Government, and reported to the Ministry of Agriculture for archival filing." 11.Article 26 shall be deleted. 12. Article 27 shall be revised as: "The following materials shall be provided when applying for the fishery license: (1) An Application for Fishery License; (2) The photocopy of the business license of enterprise legal person or that of the certificate of individual household register; (3) The original and a photocopy of the fishing vessel inspection certificate; (4) The original and a photocopy of the fishery ship registration (nationality) certificate; and (5) The materials that can show that the fishing gear and fishing methods comply with the prescribed national standard. Anyone applying for an ocean fishery license shall, apart from providing the materials as prescribed in paragraph 1 of this Article, also provide: (1) in the case of filing an application for the first time or in the case of reapplication with the exception of altering the operating ways, the original of the documents of approval for quota of vessel and net devices; (2) in the case of filing a reapplication or changing a fishery license, the original and photocopy of the former fishery license; and (3) in the case of a large or medium-sized ocean fishing vessel that applies for a fishery license once again, its fishing log. Any applicant applying for a fishery license at mare liberum shall, apart from providing the materials as prescribed in paragraph 1 of this article, also provide: (1) the documents of approval of the Ministry of Agriculture for ocean fishery projects; (2) except for specialized ocean fishing vessels, the ocean fishery license; and (3) in the case of anyone applying for the first time, the documents of approval for fishing vessel and net devices quota. Any applicant who applies for special (franchising) fishery license shall, apart from providing the materials as prescribed in paragraph 1 of this article, also need provide: (1) the original and a photocopy of its ocean fishery license or inland fishery license; (2) in the case of any entity that undertakes such projects as teaching and scientific research applying for the license, its project plan, investigation area and the name list of the scientific and research personnel on the vessel; and (3) in the case of anyone who leases any fishing vessel for scientific research and resource investigation activities, the agreement for the leasing and using. Anyone who makes trans-province or trans-sea-area operations shall apply for a temporary fishery license according to the relevant provisions, and shall, apart from providing the materials as prescribed in paragraph 1 of this article, also provide the original and a photocopy of the certificate issued by the competent administrative department of fishery at or above the level of the county where the applicant is located." 13. The attached form the Application for Fishing Vessel and Net Devices Quota and the Application for Fishery License shall be revised correspondingly, and the column of examination and approval opinions of the administrations at the county level, city level and the sea areas shall be canceled. XXVIII. INTERIM MEASURES FOR THE ADMINISTRATION OF THE WATER AREAS UNDER THE INTERIM MEASURES IN THE SINO-JAPANESE FISHERY CONVENTION (Promulgated by the Ministry of Agriculture on March 5, 1999) 1. Paragraph 3 of Article 3 shall be deleted. 2. Article 6 shall be revised as: "Anyone who applies for a fishery license for operating in the water areas as prescribed in the Interim Measures in the Sino-Japanese Fishery Convention shall, before April 10 each year, file an application to the competent administrative department of fishery of the people's government at the province, autonomous region, and municipality directly under the Central Government at its/his locality. The competent administrative department of fishery of the people's government at the province, autonomous region, and municipality directly under the Central Government shall complete the examination within 20 workdays from the day of accepting the application and report to the Ministry of Agriculture for examination and approval. The Ministry of Agriculture shall, within 20 days from the day of receiving the materials submitted by the competent administrative department of fishery of the people's government at the province, autonomous region, and municipality directly under the Central Government, make a decision on whether to issue the fishery license or not. The application form shall be uniformly printed by the Ministry of Agriculture." 3. The qualification of the subjects in the application form in Annex I shall be revised according to the preceding Article. XXIX. MEASURES FOR THE ADMINISTRATION OF THE WATER AREAS UNDER THE INTERIM MEASURES IN THE SINO-KOREA FISHERY CONVENTION AND THE TRANSITIONAL WATER AREAS (Promulgated by the Ministry of Agriculture on February 16, 2001) 1. Paragraph 3 of Article 3 shall be revised as: "The competent administrative departments of fishery at the level of each province (municipality directly under the Central Government), prefecture (city) or county along the Bohai Sea, Yellow Sea and East Sea shall be responsible for providing necessary guidance and management on the fishing vessels which are operated on the water areas under interim measures and the transitional water areas within their jurisdictions." 2. Article 5 shall be revised as: "An applicant shall, before April 10 each year, file an application for the fishery license of entering into the water areas under the interim measures in the Sino-Korea Fishery Convention and the transitional water areas thereof for operations to the competent administrative department of fishery of the people's government at the province, autonomous region, and municipality directly under the Central Government at its/his locality. The competent administrative department of fishery of the people's government at the province, autonomous region, and municipality directly under the Central Government shall complete the examination within 20 days from the day of accepting the application and report to the Ministry of Agriculture for examination and approval. The Ministry of Agriculture shall, within 20 days from the day of receiving the materials submitted by the competent administrative department of fishery of the people's government at the province, autonomous region, and municipality directly under the Central Government, make a decision on whether to issue the fishery license or not." 3. The qualification of the subjects in the Application Form in Annex I shall be revised correspondingly according to the preceding Article. XXX. PROVISIONS ON OCEAN FISHERY ADMINISTRATION (Promulgated by the Ministry of Agriculture on April 18, 2003) One paragraph shall be added to Article 6 as paragraph 2: "The competent administrative department of fishery of the people's government at the provincial level shall complete the examination within 10 days." XXXI. INTERIM PROVISIONS ON THE FISHERY ACTIVITIES OF FOREIGNERS OR FOREIGN SHIPS IN THE SEA AREAS UNDER THE JURISDICTION OF THE PEOPLE'S REPUBLIC OF CHINA (Promulgated by the Ministry of Agriculture on June 24, 1999) One article shall be added as Article 6: "Any foreign fishing vessel that applies for undertaking fishery production in the water areas under the jurisdiction of the People's Republic of China shall file an application to the Fishing Affairs and Fishing Harbor Supervision Administration of the People's Republic of China, which shall make a decision on whether to issue a fishery license or not within 20 days from the day of accepting the application. Any foreigner or foreign fishing vessel shall file an application to the Ministry of Agriculture for undertaking fishery resource investigation activities within the water areas under the jurisdiction of the People's Republic of China. The Ministry of Agriculture shall make decision on whether to approve his/its application for undertaking fishery activities or not within 20 days from the day of accepting the application." XXXII. LICENSING MEASURES OF THE PEOPLE'S REPUBLIC OF CHINA FOR THE USE OF AQUATIC WILD ANIMALS (Promulgated by the Ministry of Agriculture on June 24, 1999) 1. Paragraph 2 of Article 2 shall be revised as: "Apart from Articles 38 and 40, the ......, as mentioned in the present Measures shall......" 2. Article 10 shall be revised as: "When applying for fishing any aquatic wild animal under first-grade State protection, an applicant shall file the Application Form and the certificate documents to the competent administrative department of fishery of the people's government at the level of the province at its/his locality for its opinions. The competent administrative department of fishery of the people's government at the provincial level shall issue its opinions within 20 days and report them to the Ministry of Agriculture for examination and approval. Where it is necessary to fish trans-provincially any aquatic wild animal under first-grade State protection, an applicant shall file an Application Form and certificate documents to the competent administrative department of fishery of the people's government at the level of the province where the applicant is located for its opinions. The competent administrative department of fishery of the people's government at the level of the province where the applicant is located shall issue its opinions within 20 days and transmit it to the competent administrative department of fishery of the people's government at the level of the province at the fishing place for its opinions. The competent administrative department of fishery of the people's government at the level of the province at the fishing place shall issue its opinions within 20 days and report to the Ministry of Agriculture for examination and approval. The Ministry of Agriculture shall, within 40 days from receiving the materials submitted by the competent administrative department of fishery of the people's government at the provincial level, make a decision on whether to issue a franchising fishing license or not." 3. Article 11 shall be revised as: "When applying for fishing any aquatic wild animal the second-grade of State protection, an applicant shall file an Application Form and certificate documents to the competent administrative department of fishery of the people's government at the level of the county at his/its locality for its opinions. The competent administrative department of fishery of the people's government at the level of the county at his/its locality shall give its opinions within 20 days and report to the competent administrative department of fishery of the people's government at the provincial level for examination and approval. The competent administrative department of fishery of the people's government at the provincial level shall, within 40 days after receiving the materials submitted by the competent administrative department of fishery of the people's government at the county level, make a decision on whether to issue a fishing license or not. Where it is necessary to fish trans-provincially any aquatic wild animal of the second-grade of State protection, an applicant shall submit an Application Form and certificate documents to the competent administrative department of fishery of the people's government at the level of the province where the applicant is located for its opinions. The competent administrative department of fishery of the people's government at the level of the province where the applicant is located shall give its opinions within 20 days and transmit it to the competent administrative department of fishery of the people's government at the level of the province at the fishing place for its opinions. The competent administrative department of fishery of the people's government at the level of the province at the fishing place shall, within 40 days after receiving the materials submitted by the competent administrative department of fishery of the people's government at the level of the province at its locality, make a decision on whether to issue the fishing license or not." 4. Article 17 shall be revised as: "Anyone who domesticates or breeds any aquatic wild animal under first-grade State protection shall file an application to the competent administrative department of fishery of the people's government at the provincial level, which shall complete the preliminary examination within 20 days from the day of accepting the application, and report the examination opinions and all the application documents of the applicant to the Ministry of Agriculture for examination and approval. The Ministry of Agriculture shall make a decision on whether to issue a license for domestication and breeding or not within 15 days from the day of receiving the materials submitted by the competent administrative department of fishery of the people's government at the provincial level. For the domesticating and breeding of any aquatic wild animal under second-grade State protection, an applicant shall file an application to the competent administrative department of fishery of the people's government at the provincial level. The competent administrative department of fishery of the people's government at the provincial level shall make a decision on whether to issue the license for domestication and breeding or not within 20 days from the day of accepting the application." 5. Article 23 shall be revised as: "An applicant shall, when selling, purchasing or making use of any aquatic wild animal under first-grade State protection or its products, submit an Application Form and the certificate documents to the competent administrative department of fishery of the people's government at the level of the province where he/it is located for its opinions. The competent administrative department of fishery of the people's government at the level of the province where he/it is located shall give its opinions within 20 days and report them to the Ministry of Agriculture for examination and approval. The Ministry of Agriculture shall, within 20 days from the day of receiving the materials submitted by the competent administrative department of fishery of the people's government at the provincial level, make a decision on whether to issue a certificate of management and utilization or not. An applicant shall file an application to the competent administrative department of fishery of the people's government at the provincial level for selling, purchasing or using any aquatic wild animal or its product under second-grade State protection. The competent administrative department of fishery of the people's government at the provincial level shall make a decision on whether to issue a certificate of management and utilization or not within 20 days from the day of acceptance." 6. Article 25 shall be revised as: "The following requirements shall be met for applying for a Certificate of Management and Utilization: (1) The source of the species of the aquatic wild animal being sold, purchased or used is clear or stable; (2) It is unlikely to result in the destruction of the source of species of the aquatic wild animal; and (3) It will not affect the image of the state for the protection of wild animals and foreign economic traffic." 7. Article 30 shall be revised as: "An applicant shall, when applying for transporting, carrying or posting any aquatic wild animal or its products out of the territory of a county, file an application to the competent administrative department of fishery of the people's government at the level of the county at the place of departure, which shall give its opinions within 10 days and report to the competent administrative department of fishery of the people's government at the provincial level for examination and approval. The competent administrative department of fishery of the people's government at the provincial level shall, within 20 days from the day of receiving the materials submitted by the competent administrative department of fishery of the people's government at the county level, make a decision on whether to issue a transportation certificate or not." 8. Article 35 shall be revised as: "The following requirements shall be met when applying for the Transportation Certificate: (1) The source of the species of the aquatic wild animal being transported, carried or posted is clear; (2) Having the safeguard measures for safe transportation of living bodies of aquatic wild animals; and (3) The purpose and use of such transportation, carrying and posting comply with the provisions of state laws and regulations and policies." 9. Article 38 shall be revised as: "Anyone that applies for exporting any aquatic wild animal or its product under key state protection, or importing or exporting any aquatic wild animal or its products whose import or export is restricted by any international convention China has acceded to, it/he shall file an application to the competent administrative department of fishery of the people's government at the level of the province where the import or export entity or individual is located. The competent administrative department of fishery of the people's government at the provincial level shall complete the examination within 20 days from the day of accepting the application and report them to the Ministry of Agriculture for examination and approval. The Ministry of Agriculture shall, within 20 days after receiving the materials submitted by the competent administrative department of fishery of the people's government at the provincial level, make a decision on whether to approve the export application or not. In case any wild animal as prescribed in paragraph 1 of this article needs to be imported by any zoo due to the exchange of animals, which shall pass the examination and approval of the competent administrative department of construction of the State Council before the Ministry of Agriculture grants approval." 10. Article 40 shall be revised as: "Anyone that introduces any aquatic wild animal from abroad shall apply to the competent administrative department of fishery of the people's government at the level of the province at its/his locality. The competent administrative department of fishery of the people's government at the provincial level shall, within 5 days from accepting the application, send the application materials to the designated scientific research institution for scientific reasoning, and then submit a report to the Ministry of Agriculture for examination and approval within 15 days after receiving the reasoning result. The Ministry of Agriculture shall, within 20 days after receiving the materials submitted by the competent administrative department of fishery of the people's government at the provincial level, make a decision on whether to approve the introduction application or not." 11. Article 41 shall be revised as: "The following conditions shall be met for the export of any aquatic wild animal or its products: (1) The source of the species of the exported aquatic wild animal and the species materials in the product that contains the ingredients of the aquatic wild animal is clear; (2) The aquatic wild animal to be exported is lawfully obtained; (3) It will not affect the image of the state for the protection of wild animals and foreign economic traffic; (4) The wild animals to be exported are of a plentiful amount in source and are thus suitable for export; and (5) Meeting the requirements of our country on the protection of aquatic species quality resources." 12. Article 42 shall be revised as: "The following conditions shall be met for importing any aquatic wild animal or its products: (1) The purpose of import complies with the laws and regulations and policies of our country; (2) Having the maintenance facilities and technological conditions as are necessary for the survival of the living body of the imported aquatic wild animal; (3) The living body of the introduced aquatic wild animal will not cause bad effects or injury to the ecological balance of our country; and (4) It will not affect the image of the state on the protection of wild animals and foreign economic traffic." 13. Article 45 shall be revised as: "In case any foreigner carries out any scientific investigation, collects any species, shoots any film or makes any video recording or carrying out any other activities on the relevant aquatic wild animals within the territory of our country, he/she shall apply to the competent administrative department of fishery of the people's government at the level of the province where the aquatic wild animal is located. The competent administrative department of fishery of the people's government at the provincial level shall complete the examination within 20 days from the day of accepting the application and shall report to the Ministry of Agriculture or its authorized entity for examination and approval. The Ministry of Agriculture or its authorized entity shall, within 20 days from the day of receiving the materials submitted by the competent administrative department of fishery of the people's government at the provincial level, make a decision on whether to allow him/her to carry out such activities or not." XXXIII. MEASURES FOR THE EXAMINATION AND APPROVAL OF THE ORIGINAL OR GOOD SPECIES OF AQUATIC PRODUCTS (Promulgated by the Ministry of Agriculture on March 3rd, 1998) 1. Article 2 shall be revised as: "...... apply to the Ministry of Agriculture for examination and approval......" 2. Item (4) of Article 3 shall be revised as: "The Germplasm Inspection Report of Professional Entities (Photocopy)"; item (5) shall be revised as: "Disease-Resistance Appraisal Report of Professional Entities (Photocopy)"; one item shall be added as item (7): "The technical specifications on the production of the aquatic seedlings applied for examination and approval". 3. Article 4 shall be revised as: "The procedures for examination and approval shall be as follows: (1) Filing an application to the competent administrative department of fishery of the people's government at the level of the province at his/its locality; (2) The competent administrative department of fishery of the people's government at the provincial level shall complete the preliminary examination within 20 days from the day of accepting the application and transfer the preliminary examination opinions and all the application documents of the applicant to the Ministry of Agriculture for examination and approval; (3) The Ministry of Agriculture shall, within 5 days from the day of receiving the materials submitted by the competent administrative department of fishery of the people's government at the provincial level, send the materials to the National Committee For the Examination And Approval of the Original and Good Species of Aquatic Products (hereinafter referred to as the Examination Committee) for examination and approval; (4) The Ministry of Agriculture shall, within 15 days from the day of receiving the examination opinions of the Examination Committee, make a decision on whether to approve the examination result or not. If it approves the examination result, it shall serve the written certificate documents on passing the examination to the applicant and make a public notice. If it does not approve the examination and approval, it shall notify the applicant and give an explanation." 4. Article 7, paragraph 1 of Article 9, Articles 10 and 14 shall be deleted. 5. Article 11 shall be revised as: "For the breeds and crossbred species that have passed the examination and approval......" XXXIV. NOTICE ON STRENGTHENING ADMINISTRATION OF FISHING VESSELS OPERATING AT OUTER SEAS (Promulgated by the Ministry of Agriculture on November 9, 1994) The contents in Part One shall be deleted. XXXV. RULES OF THE PEOPLE'S REPUBLIC OF CHINA ON THE ISSUANCE OF EXAMINATION CERTIFICATE FOR SEAMEN OF OCEAN FISHING VESSELS (Promulgated by the Ministry of Agriculture on February 15, 1995, revised according to Order No.39 of the Ministry of Agriculture on December 25, 1997) 1. Article 19 shall be revised as: "Any seaman who applies for sitting for the examination shall submit the following materials to the examination certificate issuance organ: (1) An application Form for Issuance of Certificate on Fishery Seaman Examination (Annex II); (2) Form of Medical Examination on Fishery Seamen (Annex III) issued by the hospital at or above the county level with the medical examination within 12 months; (3) Two recent 2-inch obverse half-stature hatless photos of the seaman; (4) The identity card of the person or a photocopy of other effective identity certificates; (5) The professional training certificate issued by the training institution certified by the institution in charge; and (6) The former certificate of duty seaman and the Fishery Seaman Service Booklet (excluding the candidates of primary duty examination). A candidate of primary duty examination shall also submit a "Certificate of Swimming in the Distance of More Than 50 Meters" issued by the training institution determined by the entity where the seaman is working or by the competent department in charge. In case any seaman who works in a fishing vessel whose general advancing power of the main engine is more than 150 kilowatt applies for examination, he/she shall also provide a Certificate of Basic Safety Training of Fishery Seamen for checking. In case any driver who works in a fishing vessel whose general advancing power of the main engine is more than 250 kilowatt applies for examination, he/she shall provide, in addition, a Certificate of Training on Radar Observation and Marking and Radar Simulator. The examination and certificate issuing organ shall issue a corresponding Certificate of Allowing Examination on Assuming the Post of Fishing Vessel Seaman." 2. One article shall be added as Article 33: "Anyone applying for sitting for examination and issuing a certificate, the examination and certificate issuance organ shall make a decision on whether to issue a certificate or not within 20 days from the day when the examination result comes out. In case an examination is required for applying for reviewing or changing a certificate, the examination and certificate issuing organ shall make a decision on whether to issue the certificate or not within 20 days from the day when the examination result comes out; if there is no need to take an examination, the examination and certificate issuing organ shall make a decision on whether to issue the certificate or not within 20 days from the day of accepting the application." XXXVI. RULES FOR THE EXAMINATION AND CERTIFICATE ISSUANCE OF SAILORS OF FISHING VESSELS IN INLAND WATER (Promulgated by the Ministry of Agriculture on August 18, 1995) One article shall be added as Article 12: "Anyone applying for sitting for the examination and issuing a certificate, the examination and certificate issuance organ shall make a decision on whether to issue the certificate or not within 20 days from the day when the examination result comes out. In case an examination is required for applying for reviewing or changing a certificate, the examination and certificate issuing organ shall make a decision on whether to issue the certificate or not within 20 days from the day when the examination result comes out; if there is no need to have an examination, the examination and certificate issuing organ shall make a decision on whether to issue the certificate or not within 20 days from the day of accepting the application." XXXVII. MEASURES OF THE PEOPLE'S REPUBLIC OF CHINA FOR THE EXAMINATION ON BASIC PROFESSIONAL DRILLS ON COMMON SEAMEN IN OCEAN FISHING VESSELS AND THE ISSUANCE OF CERTIFICATES (Promulgated by the Ministry of Agriculture on March 2nd, 1998) 1. The title shall be revised as: "Measures of the People's Republic of China for the Checking on Basic Professional Drills of Common Seamen in Ocean Fishing Vessels and the Issuance of Certificates." 2. Article 2 shall be revised as: "The present Measures shall be applicable to ordinary seamen in fishing vessels." 3. Article 3 shall be revised as: "The system of working after obtaining a certificate shall apply to the ordinary seamen in fishing vessels. The ordinary seamen in various fishing vessels shall have had basic professional drills......" 4. Article 4 shall be revised as: "The basic theoretic study and actual operation drills include ten parts, such as¡¡first aid at sea, steering of life boats or rafts, pollution prevention at ocean, emergency handling of average accidents, etc." 5. Article 5 shall be revised as: "The Ministry of Agriculture is the department in charge of the system for working after obtaining a certificate of ordinary seamen in fishery, and is responsible for formulating relevant policies, a general outline of checking, and the specimen of the certificate. The fishery affairs and fishery harbor supervision administration at each sea area shall be responsible for coordinating with and inspecting the work for the checking of basic professional drills on general seamen in each province, autonomous region, and municipality directly under the Central Government within their own sea areas. The fishery affairs and fishery harbor supervision and administration institution of each province, autonomous region, and municipality directly under the Central Government is the examination and certificate issuing organ for basic drills on ordinary seamen in fishery (hereinafter referred to as the examination and certificate issuing organ), and is responsible for the work of holding examinations and issuing certificates for the basic professional drills on general seamen within their own jurisdictions." 6. Article 6 shall be revised as: "The entity undertaking the basic professional drills of seamen in fishery shall have a certain place, teaching equipment and corresponding teaching team, and makes drills in accordance with the general outline of examination. A training entity and the qualification of the teachers thereof shall be determined uniformly by each examination and certificate issuing organ according to the provisions of the Ministry of Agriculture." 7. Article 7 shall be revised as: "The personnel applying for the Certificate of Professional Drills on Ordinary Seamen of Fishing Vessels shall submit the following materials to the examination and certificate issuing organ: (1) An Application Form for Examination on Seamen in Fishery and Certificate Issuance thereof filled in by the applicant himself/herself (See the Annex I); (2) The Form of Medical Examination on Seamen in Fishery issued by the hospitals at or above the county level with the physical examination being done within recent 12 months (Annex II); (3) The two recent 2-inch obverse hatless half-stature photos; (4) A photocopy of the identity card or the household register and other effective identity certificates; and (5) The certificate of drills issued by the entity undertaking basic professional drills on seamen in fishery. The examination and certificate issuing organ shall make a decision on whether to issue a certificate or not within 20 days from the day of accepting the application." 8. Article 8, 9,10, and 11 shall be deleted. 9. Article 12 shall be revised as: "......within 6 months, to the former certificate issuing organ......" XXXVIII. FISHING VESSEL REGISTRATION MEASURES OF THE PEOPLE'S REPUBLIC OF CHINA (Promulgated by the Ministry of Agriculture on January 22nd, 1996, revised by Order No.39 of the Ministry of Agriculture on December 25, 1997) 1. Articles 15 and 16 shall be combined and revised as: "When the owner of any vessel applies for fishing vessel nationality registration, it/he shall fill in an Application Form for Fishing Vessel Nationality Registration, and submit the following materials: (1) The registration certificate of ownership of the fishing vessel or the legal documents for obtaining the ownership of the vessel; (2) The effective technical certificate of the vessel issued by the vessel inspection department; (3) For a fishing vessel, the Documents of Approval for Fishing Vessel and Net Devices Quota issued by the competent administrative department of fishery shall be turned in for checking; and (4) For ocean fishing vessels, the documents of approval of the Ministry of Agriculture for ocean fishery projects. For any fishing vessel that undertakes oceangoing voyage and operations, the registration organ at the level of the province where the vessel is located shall issue a certificate of the nationality of the fishing vessel; for the fishing vessel that navigates and is operated at other navigating areas, a fishing vessel registration certificate shall be issued by the registration organ. The registration organ shall, within 20 days after accepting the application, make a decision on whether to issue a fishing vessel registration certificate or nationality certificate or not. If it decides to issue a nationality certificate or registration certificate, it shall check and issue the fishing vessel navigation visa book at the same time." XXXIX. PROVISIONS ON FISHERY RESOURCES IN THE YANGTZE RIVER (Promulgated by the Ministry of Agriculture on September 28, 1995) 1. Paragraph 5 of Article 7 shall be revised as: "In case there is necessity to catch any hilsa herring due to the need of scientific research, the application shall be filed to the Ministry of Agriculture, which shall issue a special (franchising) fishing license, and implement quota fishing. The Ministry of Agriculture shall, within 20 days from the day of accepting an application, make a decision on whether to issue a special (franchising) fishing license or not." 2. Article 8 shall be revised as: "......entity or individual shall apply to the Ministry of Agriculture, which shall issue a special (franchising) fishing license, and restrict the fishing net devices...... The Ministry of Agriculture shall, within 20 days from the day of accepting an application, make a decision on whether to issue a special (franchising) fishing license or not." 3. Paragraph 3 of Article 9 shall be deleted. 4. Paragraph 3 of Article 10 shall be revised as: "Any entity or individual that needs to catchany fry breeding seeds of the four family fish and other economic fish for the purpose of artificial breeding shall apply to the competent administrative department of fishery at the province or municipality directly under the Central Government at its/his locality, which shall issue a special (franchising) fishing license, and restrict the fishing to the designated areas and at the designated time. The competent administrative department of fishery at the province or municipality directly under the Central Government at its/his locality shall, within 20 days from the day of accepting the application, make a decision on whether to issue a special (franchising) fishing license or not." 5. One paragraph shall be added to Article 10 as paragraph 4, and the former paragraph 4 shall be renumbered as paragraph 5: "The competent administrative department of fishery at the province or municipality directly under the Central Government shall make a decision within 20 days from the day of acceptance." 6. Article 12 shall be revised as: "......shall file an application to the competent administrative department of fishery at or above the county level as required...... The competent administrative department of fishery at or above the county level shall, within 20 days after accepting the application, make a decision on whether to issue a fishing license or not." 7. One paragraph shall be added to Article 13 as paragraph 2: "The competent administrative department of fishery at the province or municipality directly under the Central Government shall, within 20 days after accepting the application, make a decision on whether to issue a fishing license or not." XXXX. PROVISIONS ON MAINTENANCE OF BIOLOGY RESOURCES IN BOHAI SEA (Order No. 34 of the Ministry of Agriculture, February 12, 2004) 1. Paragraph 2 of Article 26 shall be revised as: "......natural seedlings, it shall apply to the Ministry of Agriculture; fishing the ......in the present Provisions, ......apply to the competent administrative department of fishery of the people's government of the province and municipalities directly under the Central Government. After it has been approved, ......be issued." 2. Article 34 shall be revised as: "Where it is necessary to fish in the prohibitive fishing areas or at prohibitive fishing period or to fish prohibitive fishing objects for the purpose of scientific research, the applicant shall apply to the Ministry of Agriculture, which shall issue a fishing license. The uniformly prescribed marks shall be hung when carrying out fishing operations." 3. One Article shall be added: "The Ministry of Agriculture or the competent administrative department of fishery of the people's government at the province and municipality directly under the Central Government shall, within 20 days after accepting the application, make a decision on whether to issue a fishing license or not." |
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