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Clean production audit method.

Clean production audit method.

Chapter I general provisions

Article 1 these measures are formulated in accordance with the law on the promotion of clean production of the People's Republic of China in order to promote cleaner production and standardize the conduct of clean production audit.

Referred to in article 2 these measures of cleaner production audit, refers to according to certain procedures, to investigate the process of production and service and diagnosis, find out the cause of the high energy consumption, high material consumptions and heavy pollution, reduce energy consumption and material consumptions, waste, and reduce the use of poisonous and harmful material, production and waste resource utilization, and then select and implement technical and economic and environmental feasible scheme of cleaner production process.

Article 3 these measures shall apply to all units engaged in production and service activities in the territory of the People's Republic of China and departments engaged in relevant management activities.

Article 4 the national development and reform commission, together with the ministry of environmental protection, shall be responsible for the organization, coordination, guidance and supervision of the national clean production audit. The local people's government at or above the county level shall determine the cleaner production of comprehensive coordination department jointly with the competent department of environmental protection, energy conservation management department (hereinafter referred to as the department in charge of "energy saving") and other relevant departments, according to the actual situation in this region, organization to carry out the cleaner production audit.

Article 5 of the cleaner production audit should take enterprise as the main body, follow the enterprise voluntary audit and national mandatory audit, enterprise independent audit and combining the principle of combining external help audit, adjust measures to local conditions, orderly, and pragmatic.

Chapter ii scope of clean production audit.

Article 6 cleaner production audit shall be divided into voluntary audit and mandatory audit.

Article 7 the state encourages enterprises to voluntarily carry out audit of cleaner production. Article 8 for enterprises other than the provisions of article 8, the audit of cleaner production may be carried out by voluntary organizations.

Article 8 enterprises with any of the following situations shall carry out compulsory cleaner production audit:

(1) discharge atmospheric pollutants in excess of the national or local regulations of emission standards, or no more than the national or local of the prescribed discharge standards, but more than the key pollutant total amount control target;

(2) exceeding the energy consumption limit standard for unit products constitutes a high energy consumption;

(3) using poisonous and harmful raw materials for production or discharging poisonous and harmful substances in production.

Toxic or hazardous materials or substances include the following categories:

The first category is hazardous waste. Includes hazardous wastes included in the national hazardous waste catalogue and hazardous waste in accordance with national standards for identification and identification of hazardous wastes.

The second category, highly toxic chemicals, chemicals listed in the list of key environmental management hazardous chemicals, and substances containing the chemicals mentioned above.

The third category contains substances such as lead, mercury, cadmium, chromium and other heavy metals and metals like arsenic.

Fourth, the substances listed in annex to the Stockholm convention on persistent organic pollutants.

Category 5. Other substances that are toxic and may contaminate the environment.

Chapter iii implementation of cleaner production audit.

Article 9 hereof article 8, paragraph (a) the first paragraph (3) the implementation of the mandatory list of cleaner production audit of enterprises, the local environmental protection departments at or above the county level shall, according to the administrative authority, the administrative department of environmental protection at the provincial level by level for approval after certain, written notice to the enterprise, according to the principle of territoriality and the cleaner production a copy of the comprehensive coordination and industry management departments. The measures as prescribed in paragraph (2) of article 8 of the implementation of the mandatory list of cleaner production audit of enterprises, by the local department in charge of energy conservation in accordance with the administrative authority at or above the county level is put forward, step by step to energy-saving determine after the approval by the competent department at the provincial level, written notice to the enterprise according to the principle of territoriality, comprehensive coordination and copy of clean production and industry management departments.

Article 10 provincial competent department of environmental protection, energy conservation departments shall, in accordance with their respective responsibilities, summarized respectively put forward should implement mandatory list of cleaner production audit of enterprises, by the comprehensive coordination clean production department jointly with the department in charge of or by the competent department of environmental protection and energy saving, on the official website or take other ways to facilitate public release by instalments.

Article 11 mandatory enterprise cleaner production audit, shall, within one month after the list in the main local media, the enterprise's official website announced or adopt other ways to facilitate public enterprise information.

(1) of article 8 of the way to the first paragraph (a) implement compulsory cleaner production audit of enterprises, the main information published include: enterprise name, legal representative, location, name of the discharge of pollutants, discharge way, total emission concentration and total amount, and super.

(2) of article 8 of the way to the first paragraph (2) implement compulsory cleaner production audit of enterprises, the main published information includes: enterprise name, legal representative, location, the main varieties of energy and consumption, energy consumption per unit of output, energy consumption per unit product, more than energy consumption per unit product limitation standard.

(3) of article 8 of these measures in the first paragraph (3) the implementation of the mandatory cleaner production audit of enterprises, the main information published include: enterprise name, legal representative, location, and the use of poisonous and harmful material name, quantity, purpose, discharge of poisonous and harmful material name, quantity and concentration, and the situation of disposal of the hazardous wastes, in accordance with the law to carry out the environmental risk prevention and control measures.

(4) enterprises that meet the above requirements of article 8 of these measures shall, in accordance with the above requirements, release relevant information at the same time. The enterprise shall be responsible for the authenticity of the information it publishes.

Article 12 the enterprises listed in the list of mandatory clean production audit shall conduct clean production audit within two months after the list is published. Article 8 in the provisions of paragraph (3) of article 8 of the measures, the time interval between two clean production audits shall not exceed five years.

Article 13 enterprises that voluntarily implement the audit of cleaner production may carry out the audit according to the procedures of the compulsory clean production audit.

Article 14 the audit procedures for cleaner production shall in principle include audit preparation, pre-audit, audit, production and screening of the scheme, determination of the scheme, implementation of the plan, continuous clean production, etc.

Chapter iv organization and management of clean production audit.

Article 15 the audit of cleaner production shall be conducted mainly by the enterprise itself. The enterprises that carry out the compulsory cleaning production audit shall have the conditions of article 16, paragraph (2) and (3) of the present measures if the independent organization conducts the audit of cleaner production.

Enterprises that do not have the ability to carry out clean production audit independently can hire external experts or entrust a consulting service organization with corresponding capabilities to assist in carrying out the clean production audit.

Article 16 the following conditions shall be provided for the consulting service organizations that assist enterprises in carrying out the audit work of cleaner production:

(1) it has the qualification of independent legal person, and has the quality assurance system and management system to provide a fair, just and efficient service for the clean production audit of enterprises.

(2) have the basic test and analysis equipment, equipment or means for conducting the clean production audit material balance test, energy and water balance test.

(3) technical personnel who are familiar with the production process, technical regulations, energy saving, water saving and pollution prevention and control requirements of relevant industries.

(4) have technical personnel who have mastered the audit method of cleaner production and have the consulting experience of cleaning production audit.

Article 17 listed in article 8 of the way to the first paragraph (a) and the first paragraph (3) the implementation of the mandatory enterprise cleaner production audit, shall be released within one year from the date of the list to complete the cleaner production audit and report of cleaner production audit report to the local environmental protection departments at or above the county level and clean production and comprehensive coordination department. Listed in paragraph (2) of article 8 of the implementation of the mandatory enterprise cleaner production audit, shall be released within one year from the date of the list to complete the cleaner production audit and report of cleaner production audit report to the local department in charge of energy conservation and clean production at or above the county level comprehensive coordination department.

Article 18 clean production comprehensive coordination department at or above the county level shall, in conjunction with the department in charge of the competent department of environmental protection, energy saving, to the enterprise implementation of the mandatory cleaner production audit to supervise, urge the enterprises implement cleaner production audit according to schedule.

Article 19 the relevant departments and consulting service institutions shall keep the technology and trade secrets of the enterprises that have been audited for cleaner production.

Article 20 the competent department of environmental protection at or above the county level or the competent department of energy saving, shall organize the clean production within the scope of their respective duties experts or entrust the relevant units, for the following enterprise implementation of cleaner production audit to evaluate the effect of acceptance:

(1) the planning and action plan for national assessment clearly indicates the enterprises that need to carry out compulsory cleaning production audit.

(2) apply for enterprises with financial funds such as clean production and energy conservation and emission reduction at all levels. The above mentioned measures shall be carried out by the competent department of environmental protection at the county level in accordance with paragraph (1) and (3) of article 8 of these measures.

The door shall be led by the competent department of energy conservation at the county level to take the lead of the evaluation and acceptance work of the enterprises in the implementation of compulsory cleaner production audit in article 8 (2) of the measures.

Article 21 to the enterprise implementation of cleaner production audit evaluation focuses on the authenticity of the process of enterprise cleaner production audit, the standardization of the cleaner production audit report, evaluate the rationality and validity of the cleaner production plan.

Article 22 the acceptance of the effectiveness of the audit of cleaner production by enterprises shall include the following main contents:

(a) enterprise implementing clean production, pollution reduction, energy resource utilization efficiency, process equipment, products and services to improve control effect, environmental and economic benefits is to reach the expected aim.

(2) to evaluate the clean production level of enterprises according to the system of clean production evaluation.

Article 23 the evaluation and acceptance of the audit effect of cleaner production in article 20 of the measures shall be submitted to the local government for inclusion in the budget. The departments or units undertaking assessment and acceptance shall not collect fees from the enterprises being assessed.

Article 24 if an enterprise voluntarily implementing a clean production audit needs to evaluate and accept the acceptance, it may refer to the relevant provisions of the compulsory cleaner production audit.

Article 25 the results of the inspection and acceptance of cleaner production may serve as a reference basis for the definition of backward production capacity.

Article 26 the cleaner production comprehensive coordination department at or above the county level jointly with the department in charge of the competent department of environmental protection, energy saving, shall regularly every year at the next higher level of cleaner production comprehensive coordination department and the competent department of the competent department of environmental protection, energy saving to submit the enterprise within its jurisdiction to carry out the cleaner production audit, assessment acceptance work.

Article 27 the state development and reform commission, the environmental protection in conjunction with relevant departments to establish national cleaner production expert, publishing industry cleaner production evaluation index system, the key industry of cleaner production audit guidelines, training organizations to carry out clean production, for the enterprise to carry out the cleaner production audit to provide information and technical support. Comprehensive coordination clean production departments at all levels in conjunction with the competent department of the competent department of environmental protection, energy saving can be according to local actual situation, organize to carry out the cleaner production training, establish a local cleaner production expert database.

Chapter v awards and penalties.

Article 28 of voluntary implementation of cleaner production audit, and cleaner production scheme after implementation of effective enterprise, by provincial comprehensive coordination cleaner production departments and the competent department of the competent department of environmental protection, energy saving on the recognition, and in the main local media reported.

Article 29 of the comprehensive coordination clean production departments and other relevant departments at all levels in the implementation of the national key investment planning and local investment plan, the enterprise shall be cleaner production implementation plan of improving the efficiency of energy resources, prevent pollution, clean production project as a key sectors such as comprehensive utilization, increase investment and support.

Article 30 the funds for discharge of sewage shall be used to support enterprises in the implementation of cleaner production. To comply with the clean production projects stipulated in the regulations on the collection and use of sewage charges, the financial departments at all levels and the environmental protection departments shall give priority to the use of sewage charges.

Article 31 the expenses for auditing and training of cleaner production shall be allowed to be included in the enterprise operating costs or related expenses.

Article 32 an enterprise may, in light of the actual situation, establish a system of commendation and reward for internal clean production, and reward those who have made significant achievements in the audit of cleaner production.

This article 8 of the regulations governing the implementation of article 33 of the mandatory audit of cleaner production enterprises, in violation of the provisions of article 11 of these measures, in accordance with the law of the People's Republic of China cleaner production promotion law "stipulated in article of punishment.

Violation of article 34 stipulated in article 8, article 17 hereof, is not mandatory in cleaner production audit or audit fraud, or implement compulsory cleaner production audit of enterprise not report or not truthfully report the audit results, in accordance with the law of the People's Republic of China cleaner production promotion law "article 39 the provisions of punishment.

Article 35. The enterprise consulting services entrusted by the content, procedure of cleaner production audit in accordance with the relevant provisions, fraud, providing false audit report, by the provinces, autonomous regions and municipalities directly under the central government and cities under separate state planning and xinjiang production and construction corps of cleaner production comprehensive coordination department jointly with the competent department of environmental protection shall be ordered to make corrections or the competent department of energy conservation, and publish the list. Those who cause serious consequences shall be investigated for legal responsibility.

Article 36 in violation of relevant provisions of these measures punished or consultancy services, by provincial comprehensive coordination cleaner production departments and the competent department of environmental protection, energy conservation departments to establish a credit record, summarize to the national credit information sharing platform, jointly with other relevant departments and units to coalition retribution.

Article 37 where the staff of the relevant departments neglect their duties, divulge enterprise technology and trade secrets, and cause economic losses to enterprises, they shall be punished in accordance with the relevant laws and regulations of the state.

Chapter vi supplementary provisions

Article 38 these measures shall be interpreted by the national development and reform commission and the ministry of environmental protection.

Article 39 the provinces, autonomous regions, municipalities directly under the central government, cities under the plan and the xinjiang production and construction corps may formulate detailed implementation rules in accordance with these measures.

Article 40 these measures shall come into force as of July 1, 2016. The interim measures for the review of cleaner production (the national development and reform commission and the state environmental protection administration decree no. 16) shall be repealed at the same time.