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Law on the promotion of clean production in the People's Republic of China.


Cleaner production promotion law of the People's Republic of China (2012)

Law on the promotion of clean production in the People's Republic of China.

 

                                 

 

The standing committee of the National People's Congress.


Decree of the People's Republic of China (no. 54)



   The standing committee of the National People's Congress on amending the "cleaner production promotion law of the People's Republic of China > decision" has been by the law of the People's Republic of China on the 11th National People's Congress standing committee meeting on February 29, 2012, 25, is now promulgated, and effective as of July 1, 2012.

Hu jintao, President of the People's Republic of China.

February 29, 2012.


 


Law on the promotion of clean production in the People's Republic of China.


   (June 29, 2002, the ninth session of the standing committee of the National People's Congress meeting of the twenty-eight based on February 29, 2012, the 11th National People's Congress standing committee meeting of 25 "about modifying" cleaner production promotion law of the People's Republic of China > decision ")

  

directory

Chapter I general provisions

Chapter ii implementation of cleaner production.

Chapter iii implementation of cleaner production.

Chapter iv encouragement measures.

Chapter v legal responsibility.

Chapter vi supplementary provisions




Chapter I general provisions


Article 1 in order to promote the clean production, improve the efficiency of resource utilization, reduce and avoid the generation of pollutants, protect and improve environment, protect human health and promote economic and social sustainable development, this law is enacted.


Article 2 the clean production "referred to in this law means constantly to improve design, the use of clean energy and raw materials, advanced technology and equipment, improve management, comprehensive utilization and other measures, from the source to cut pollution, improve the efficiency of resource utilization, reduce or avoid the production, services, and products used in the process of pollutants and emissions, in order to reduce or eliminate the harm to human health and the environment.


Article 3 in the territory of the People's Republic of China, the units engaged in production and service activities and the departments engaged in relevant management activities shall, in accordance with the provisions of this law, organize and implement cleaner production.


Article 4 the state encourages and promotes cleaner production. The state council and local people's governments at or above the county level, promote clean production work shall be incorporated into the national economic and social development plans, annual plans, and environmental protection, resources utilization, industrial development, regional development planning, etc.


Article 5 the department responsible for the comprehensive coordination of clean production under the state council shall be responsible for organizing and coordinating the work of cleaner production throughout the country. The environmental protection, industry, science and technology, financial department and other relevant departments under the state council shall, in accordance with their respective functions and responsibilities, be responsible for the promotion of cleaner production.


The local people's governments at or above the county level shall be responsible for the promotion of cleaner production in their respective administrative areas. The comprehensive coordination department of clean production designated by the local people's governments at or above the county level shall be responsible for organizing and coordinating the work of cleaner production in the administrative region. Other relevant departments of the local people's governments at or above the county level shall, in accordance with their respective functions and responsibilities, be responsible for the promotion of cleaner production.


Article 6 the state shall encourage scientific research, technological development and international cooperation on cleaner production, organize publicity, disseminate knowledge on cleaner production and promote cleaner production technologies.


The state encourages social groups and the public to participate in the publicity of cleaner production, education, promotion, implementation and supervision.



Chapter ii implementation of cleaner production.



Article 7 the state council shall formulate fiscal and tax policies conducive to the implementation of cleaner production.


The state council and its relevant departments and the people's governments of provinces, autonomous regions and municipalities directly under the central government shall formulate policies for industrial policies, technological development and promotion for the implementation of cleaner production.


Article 8 the cleaner production comprehensive coordination department under the state council together with the environmental protection, industry, science and technology department and other departments, according to the national economic and social development plan and save resources, reduce energy consumption, reduce national key pollutants discharge requirements, prepare national cleaner production implementation of planning, after approval by the state council announced in a timely manner.


National cleaner production implementation of planning shall include: the goal of clean production, major tasks and safeguard measures, to determine the level of energy consumption and pollutant emissions in accordance with the resources to carry out cleaner production in key areas, key industries and key projects.


The competent departments concerned under the state council shall, in accordance with the national clean production implementation plan, determine the key projects for cleaner production in the industry, and formulate and implement plans for the implementation of special cleaner production for the industry.


The local people's governments at or above the county level in accordance with relevant national cleaner production implementation of planning, special industry clean production planning, according to the region to save resources, reduce energy consumption, reduce the key pollutant emission requirements, determine the key project of clean production in this region, formulate the implementation of cleaner production in planning and organizing the implementation.


Article 9 of the central budget shall strengthen the funding for the work of promoting cleaner production, including the central government of cleaner production special funds and other clean production funds arranged by the central budget, to support the national cleaner production implementation planning determine key areas, key industries, key project implementation of cleaner production and its technical promotion, the implementation of cleaner production project and ecological fragile areas. The specific measures for the use of funds for the promotion of cleaner production by the central budget shall be formulated by the department of finance under the state council, the comprehensive coordination department for cleaner production and the relevant departments under the state council.


The local people's governments at or above the county level shall, in coordination with local financial arrangements, promote the work of cleaner production, guide social funds and support the key projects of cleaner production.


Article 10 the state council and the people's governments of provinces, autonomous regions and municipalities directly under the central government of the relevant departments, shall organize and support to set up to promote cleaner production information system and technical advisory services system, and provide relevant to the society of cleaner production methods and technologies, renewable utilization of waste and cleaner production policy and so on supply and demand of information and services.


Article 11 the cleaner production comprehensive coordination department under the state council together with the environmental protection, agriculture, industry, science and technology, construction and other relevant departments regularly issue of cleaner production technologies, processes, equipment and product oriented directory.


The comprehensive coordination department, environmental protection, clean production department under the state council and the people's governments of provinces, autonomous regions and municipalities directly under the central government is responsible for the comprehensive coordination of the cleaner production department, the environmental protection department under the state council in conjunction with the relevant departments at the same level, organize the formulation of clean production in key industries and areas of the guide, guide the implementation of cleaner production.


Article 12 the state shall implement a time-limit elimination system for backward production technologies, processes, equipment and products that waste resources and seriously pollute the environment. The relevant departments under the state council shall, in accordance with the division of responsibilities, formulate and publish a list of production technologies, processes, equipment and products that are to be eliminated within a specified period of time.


Article 13 the relevant departments of the state council may, according to need to be approved by environment and energy saving, water conservation, waste reuse, resource protection product logo, and in accordance with the regulations of the state, formulate the corresponding standards.


Article 14 the people's governments at or above the county level of science and technology department and other departments, and shall guide and support clean production technology and good for the environment and resources protection products research, development and demonstration and promotion of clean production technology.


Article 15 the department of education, the state council, shall include clean production technology and management courses in the relevant higher education, professional education and technical training system.


Relevant department of the people's governments at or above the county level organizations to carry out the cleaner production of propaganda and training, improve the state personnel, enterprise operators and managers and the public consciousness of cleaner production, develop clean production management and technical personnel.


The press, publication, radio, film and television, culture and other units and relevant social organizations shall give full play to their respective advantages in the promotion of cleaner production.


Article 16 people's governments at various levels shall give priority to purchasing products that are conducive to environmental and resource protection, such as energy conservation, water conservation and waste recycling.


People's governments at all levels shall encourage the public to purchase and use products that are conducive to environmental and resource protection through publicity, education and other measures.


Article 17 people's governments of provinces, autonomous regions and municipalities directly under the central government is responsible for the comprehensive coordination of clean production, environmental protection departments, according to the needs of promoting cleaner production work, published in this area mainly media did not meet the energy control index, key pollutants emission control index of the list of the enterprise, provide the basis for the public supervision and enterprise implementation of cleaner production.


Included in the list of companies mentioned in the preceding paragraph shall, in accordance with the clean production comprehensive coordination department under the state council, the provisions of the environmental protection department or key pollutants released energy consumption and emissions, accept the supervision from the public.



Chapter iii implementation of cleaner production.





Article 18 building, rebuilding and expansion projects, environmental impact assessment shall be conducted, use of raw materials, resource consumption, comprehensive utilization of resources and pollutants and disposal were analysed, such as preferred high resource utilization and less pollutant discharge of cleaner production technologies, processes and equipment.


Article 19 in the process of technological transformation, enterprises shall adopt the following clean production measures:


(1) use non-toxic, harmless or low-toxic raw materials to replace raw materials with large toxicity and serious harm;


(2) adopting processes and equipment with high resource utilization rate and low production capacity of pollutants, replacing the process and equipment with low utilization rate of resources and more production of pollutants;


(3) comprehensive utilization or recycling of waste, waste water and waste heat generated in the production process;


(4) to adopt pollution prevention and control technologies that can meet the national or local standards for pollutant discharge and total emission control of pollutants.


Article 20 when products and packaging are designed, should be considered in the life cycle of impact on human health and the environment, and priority accorded to selecting toxin-free, non-hazardous, easily degraded and easily recycled options.


Enterprise shall reasonably to the packing of the products, packaging materials, structure, and the cost should be within and the quality of the products, specifications and cost, reduce the generation of packaging wastes, the excessive packaging should not be conducted.


Article 21 the production of large mechanical and electrical equipment, motor transport and other industrial department under the state council shall specify products, shall, in accordance with the standardization department under the state council or its authorized institution, formulate technical specifications, the product indicate the standard of the material composition on a main structural component of the brand.


Article 22 agricultural producers shall scientifically use chemical fertilizers, pesticides, agricultural films and feed additive, improve planting and breeding technology, the realization of agricultural products quality and harmless and generate resources from wastes from agricultural production and prevent the agricultural environmental pollution.


It is forbidden to use toxic or hazardous waste as fertilizer or to make fields.


Article 23 the catering, entertainment, hotels and other service enterprises, shall be made in energy saving, water saving and other beneficial to environmental protection technology and equipment, reduce the use or not use waste resources and pollute the environment of consumer goods.


Article 24 construction projects shall adopt construction design schemes, construction and decoration materials, construction fittings and equipment that are conducive to environmental and resource conservation, such as energy conservation and water conservation.


Construction and decoration materials must conform to national standards. It is forbidden to produce, sell or use toxic or hazardous materials that exceed the national standard for construction and decoration materials.


Article 25 of mineral resources exploration, mining, shall adopt the beneficial to the reasonable use of resources, protect the environment and prevent pollution of exploration, mining method and technology, improve the level of resource utilization.


Article 26 an enterprise shall, under the condition of economy, technology feasible for production and service process of waste recycling, waste heat or transferred to other businesses and individuals to use conditional.


Article 27 the enterprise shall monitor the consumption of resources and the production of wastes in the process of production and service, and carry out a clean production audit for production and service as required.


Enterprises with one of the following situations shall carry out compulsory cleaner production audit:


(a) 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) the use of poisonous or harmful raw materials for production or the discharge of poisonous or harmful substances in production.


Enterprises that discharge pollutants in excess of the national or local standards shall be governed in accordance with the relevant laws of environmental protection.


Implement compulsory enterprise cleaner production audit, audit results shall be to the local local people's governments at or above the county level is responsible for the comprehensive coordination of clean production, environmental protection departments report, and published on the region's major media, accept the supervision from the public, except involving trade secrets.


The local people's governments at or above the county level departments concerned shall implement mandatory cleaner production audit for enterprises to supervise the condition of the may, when necessary, organize to evaluate the effect of the enterprise to implement clean production check and accept, the costs incorporated into government budgets at the corresponding levels. The departments or units undertaking assessment and acceptance shall not collect fees from the enterprises being assessed.


The specific measures for the implementation of the audit of cleaner production shall be formulated by the department for the comprehensive coordination of clean production under the state council and the relevant departments of the state council.


Article 28 as prescribed in paragraph 2 of article 27 of this law outside the enterprise, can voluntarily and comprehensive coordination of cleaner production and environmental protection departments further saving resources, reduce pollutant emissions agreement. The clean production comprehensive coordination department and the environmental protection department shall publicize the name of the enterprise and the results of the prevention and control of pollution in the major media in the region.


Article 29 of the enterprise can according to the voluntary principle, according to the national regulations on environmental management system certification, commissioned by the certification and accreditation supervision and management department of the state council approved certification authority certification, improve the level of clean production.




Chapter iv encouragement measures.




Article 30 the state establishes a system of commendation and reward for clean production. The people's government shall commend and reward units and individuals that have made outstanding achievements in the work of cleaner production.


Article 31 of the cleaner production research, demonstration and training, the implementation of the national key technological transformation projects and cleaner production of the provisions of article 28 of the voluntary saving resources, cut emissions the technical renovation projects stipulated in the agreement, the people's government at or above the county level shall give financial support.


Article 32 in the development fund for small and medium-sized enterprises established in accordance with the provisions of the state, appropriate amounts shall be arranged in accordance with the need to support the implementation of cleaner production in small and medium-sized enterprises.


Article 33. Tax incentives shall be enjoyed in accordance with the provisions of the state in accordance with the provisions of the state for the use of waste and the production of raw materials from waste.


Article 34 the expenses incurred by an enterprise for the examination and training of cleaner production may be included in the operating costs of the enterprise.




Chapter v legal responsibility.




Article 35 the comprehensive coordination department or other relevant departments of the cleaner production fails to perform their duties in accordance with the provisions of this law, the person in charge directly responsible and other directly responsible personnel in accordance with the law to give disciplinary action.


Article 36 of the second paragraph of article 17 of this law, not according to stipulations or key pollutants released energy consumption and emission situation, the local people's governments at or above the county level is responsible for the comprehensive coordination of clean production, environmental protection departments in accordance with the division of duties order released, can be fined one hundred thousand yuan.


Article 37 in violation of the provisions of article 21 of this law, the label product material composition or not truthfully labeled, by the local quality and technical supervision department of the people's government at or above the county level shall order correction within a time limit; Whoever refuses to make corrections shall be fined not less than fifty thousand yuan.


Article 38 in violation of the provisions of the second paragraph of article 24 of this law, production, sales, poisonous and harmful substances than the national standard of construction and decoration materials, according to the product quality law and regulations on civil, criminal law, shall be investigated for administrative, civil and criminal liability.


In the second paragraph of article 39 in violation of the provisions of article 27, paragraph 4, not compulsory for cleaner production audit or fraud in the cleaner production audit, or implement compulsory cleaner production audit of enterprise not report or not truthfully report the audit results, the local people's governments at or above the county level is responsible for the comprehensive coordination of clean production, environmental protection departments instruct deadline to correct, according to the division of responsibilities; Whoever refuses to make corrections shall be fined not less than 50,000 yuan but not more than 500,000 yuan.


In violation of the provisions of article 27 of the fifth paragraph, undertake assessment acceptance work of departments or units and their staff to be evaluated the acceptance of the enterprise, the fees not honestly assess acceptance or in assessing the falsification of acceptance, or to seek profits by taking advantage of his office, the person in charge directly responsible and other directly responsible personnel given sanctions in accordance with the law; If the case constitutes a crime, criminal responsibility shall be investigated in accordance with the law.



Chapter vi supplementary provisions




Article 40 this law shall be implemented as of January 1, 2003.