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"Circular economy promotion law of the People's Republic of China"

Circular economy promotion law of the People's Republic of China.(2008年Adopted at the fourth meeting of the standing committee of the eleventh National People's Congress on August 29

directory

Chapter I general provisions

Chapter ii basic management system.

Chapter iii reduction of quantification.

Chapter iv recycling and recycling.

Chapter v incentive measures.

Chapter vi legal liability.

Chapter vii supplementary provisions

Chapter I general provisions



Article 1 this law is formulated for the purpose of promoting circular economy development, improving the utilization efficiency of resources, protecting and improving the environment and achieving sustainable development.


Article 2 the term "circular economy" as used in this law refers to the general term for the reduction, reuse and recycling of activities in the process of production, circulation and consumption.


The term "reduction" in this law refers to the reduction of resource consumption and waste generation in the process of production, circulation and consumption.


Reuse "referred to in this law refers to the waste as a product directly or after repair, renovation, remanufacturing continue used as a product, or to all or part of the waste used as components of other products.


The term "resource" as mentioned in this law refers to the use of wastes directly as raw materials or the recycling of wastes.


Article 3 the development of circular economy is a major national economic and social development strategy, shall follow the overall planning, rational layout, adjust measures to local conditions, pragmatic, government promotion and market guide, enterprise implementation, the principle of public participation.


Article 4 the development of a circular economy shall be carried out in accordance with the principle of reduction of priority in the premise that the technology is feasible, the economy is reasonable and conducive to saving resources and protecting the environment.


In the process of reuse and recycling of wastes, production safety shall be guaranteed, and the quality of products shall conform to the standards set by the state and prevent the occurrence of re-pollution.


Article 5 the comprehensive administrative department for circular economy development under the state council shall be responsible for organizing and coordinating and supervising the work of national circular economy development; The competent departments of environmental protection under the state council shall be responsible for the supervision and administration of the circular economy in accordance with their respective functions and responsibilities.


The comprehensive management department of the local people's governments at or above the county level shall be responsible for organizing and coordinating and supervising the development of circular economy in the administrative region. The competent departments of environmental protection of the local people's governments at or above the county level shall be responsible for the supervision and administration of the circular economy according to their respective functions and responsibilities.


Article 6 the state shall formulate industrial policies and meet the requirements of developing circular economy.


People's government at or above the county level shall compile and annual plans for national economic and social development planning, relevant department of the people's governments at or above the county level shall prepare the environmental protection, science and technology, such as planning, should include the content of the development of circular economy.


Article 7 the state encourages and supports the research, development and promotion of circular economic science and technology, and encourages the development of circular economic propaganda, education, popularization of scientific knowledge and international cooperation.


Article 8 the people's governments at or above the county level shall establish the target responsibility system for the development of circular economy and adopt measures such as planning, finance, investment and government procurement to promote the development of circular economy.


Article 9 enterprises and institutions shall establish and improve the management system, take measures to reduce the consumption of resources, reduce the production and discharge of wastes, and improve the recycling and resource utilization of wastes.


Article 10 citizens shall enhance their awareness of resource conservation and environmental protection, rationally consume and conserve resources.


The state shall encourage and guide citizens to use energy saving, water saving, material saving and environmental protection products and renewable products to reduce the production and discharge of wastes.


Citizens have the right to report waste resources and environmental damage, and have the right to know the information of the government's development of circular economy and make Suggestions and Suggestions.


Article 11 the state encourages and supports trade associations to play a technical guidance and service role in the development of circular economy. The people's governments at or above the county level may entrust qualified trade associations and other social organizations to carry out public services to promote the development of circular economy.


The state encourages and supports intermediary organizations, societies and other social organizations to carry out circular economic publicity, technical promotion and advisory services, and promote circular economy development.



Chapter ii basic management system.



Article 12 the general administration for the development of circular economy under the state council shall, together with the competent department of environmental protection under the state council, formulate the national circular economic development plan and report it to the state council for approval. The local people's government at or above the level of district-constituted municipalities circulation economy development of comprehensive administration department of the people's government at the corresponding level jointly with the departments in charge of environmental protection and so on the administration of the circular economy development plan, the people's government at the corresponding level for approval after the promulgation.


Circular economy development plan shall include the planning objectives, scope, contents, major tasks and safeguard measures, etc., and resource productivity, waste recycling and resource recovery rate index, etc.


Article 13 a local people's governments at or above the county level shall be based on the superior people's government of the administration of the discharge of major pollutants, construction land and total water control indicators, planning and adjustment of industrial structure in their respective administrative areas, promote the development of circular economy.


New construction, reconstruction and expansion projects must meet the requirements of the main pollutant discharge, construction land and total water supply control index of the administrative region.


Article 14 the comprehensive administrative department for circular economy development under the state council shall establish and improve the evaluation index system for circular economy in conjunction with the state council's statistics and environmental protection departments.


The superior people's government of the main evaluation index according to the provisions of the preceding paragraph of the circular economy, the people's governments at lower levels the status of the development of circular economy assessment on a regular basis, and will be completed the main evaluation index as head of the local people's governments and their evaluation of the content.


Article 15 enterprises that produce products or packages listed in the compulsory recycling list must be responsible for the recycling of discarded products or packaging materials; Where it can be utilized, the production enterprises shall be responsible for the utilization; The production enterprises shall be responsible for the harmless disposal of the enterprises which are not suitable for the utilization of technical and economic conditions.


Producers of waste products or packing materials as stipulated in the preceding paragraph, a recycle by seller or other organization, or entrust the recycling or disposal of companies to use or disposal, the entrusted party shall, in accordance with the provisions of the relevant laws and administrative regulations and the stipulations of the contract is responsible to recycle or use and disposal.


For products and packages listed in the mandatory recall list, the consumer shall hand over the discarded products or wrappers to the producer or the seller or other organization to which they have been entrusted to recover.


The catalogue and management measures for the compulsory recycling of products and packages shall be formulated by the comprehensive administrative department for circular economy development under the state council.


Article 16 the state of the iron and steel, non-ferrous metals, coal, electric power, petroleum processing, chemical industry, building materials, construction, paper making, printing and dyeing and other industries in the comprehensive energy consumption, water consumption is more than the provisions of the state key enterprises of the total, the energy consumption, water consumption, the focus of the supervision and management system.


Energy conservation supervision and administration of key energy consumption units shall be implemented in accordance with the provisions of the energy conservation law of the People's Republic of China.


The measures for the supervision and administration of key water units shall be formulated by the comprehensive administrative department for circular economic development under the state council in conjunction with the relevant departments under the state council.


Article 17 the state shall establish and improve the statistical system for circular economy, strengthen the statistical management of resource consumption, comprehensive utilization and waste generation, and publish the main statistical indicators to the public on a regular basis.


The department in charge of standardization under the state council together with the circulation economy development of comprehensive management and environmental protection and other relevant departments to establish and perfect standard system, circular economy to develop and improve the energy saving, water saving, material saving and waste reuse, recycling and other standards.


The state shall establish and improve the labeling system for product resource consumption such as energy efficiency identification.



Chapter iii reduction of quantification.



Article 18 the circulation economic development comprehensive administrative department under the state council jointly with the competent department of environmental protection under the state council, regularly issue to encourage, restrict and eliminate the technologies, processes, equipment, materials and products list.


It is forbidden to produce, import or sell equipment, materials and products listed in the list of elimination, and prohibit the use of technology, technology, equipment and materials listed in the list.


Article 19 in the process, equipment, product and packaging design, shall be in accordance with the requirements of the reducing resource consumption and waste generation, give preference to use easy to recycle, easy to disassemble, easy to degrade, non-toxic harmless or low toxic materials and design scheme of low pollution, and shall conform to the compulsory requirements of the relevant national standards.


Products that may cause environmental pollution in the process of dismantling and disposal shall not be designed to use poisonous and harmful substances prohibited by the state. The list of poisonous and harmful substances prohibited in products such as electrical and electronic products shall be formulated by the comprehensive administrative department for circular economy development under the state council and the environmental protection department under the state council.


Product packaging standards should be designed to prevent waste and environmental pollution caused by excessive packaging.


Article 20 industrial enterprises shall adopt advanced or applicable water-saving technologies, processes and equipment, formulate and implement water-saving plans, strengthen water-saving management, and control the whole process of production water.


Industrial enterprises shall strengthen the management of water consumption, equip and use qualified water measuring instruments, and establish a system of water consumption statistics and water usage analysis.


New construction, reconstruction and expansion projects shall be accompanied by water-saving facilities. Water-saving facilities shall be designed, constructed and put into operation simultaneously with the main project.


The state shall encourage and support coastal areas for desalination and direct use of seawater to conserve fresh water resources.


Article 21 the state shall encourage and support enterprises to use efficient oil saving products.


Electric power, petroleum processing, chemical, steel, nonferrous metals and building materials enterprises, must be within the scope and time limit prescribed by the state, with clean coal, petroleum coke, natural gas and other clean energy alternative fuel oil, stop using is not in conformity with the provisions of the state of fuel generator and fuel boiler.


The internal combustion engine and motor vehicle manufacturing enterprises shall adopt fuel-saving technology and reduce the consumption of petroleum products in accordance with the economic standards for internal combustion engines and motor vehicles as stipulated by the state.


Article 22 in mining mineral resources, it shall make overall plans and formulate reasonable development and utilization plans, and adopt reasonable mining sequence, methods and mineral processing techniques. Exploitation license issuing agencies shall, in the development and utilization plan submitted by the applicant mining recovery rate and impoverishment rate in mining and ore dressing recovery rate, mine water utilization and land reclamation rate and other indicators to review in accordance with law; If the examination fails, the mining license shall not be issued. The mining license issuing authority shall strengthen the supervision and administration of mining mineral resources according to law.


The mining enterprises should carry out comprehensive exploitation and rational utilization of the symbiotic and associated minerals with industrial value while mining the main mineral species. Protection measures shall be taken to prevent the loss of resources and ecological damage to mines which must be produced at the same time and which cannot be used temporarily, as well as tailings containing useful components.


Article 23 the building design, construction, construction units shall, in accordance with the relevant provisions of the state and standards, such as the design, construction, construction of buildings and structures of conserving energy, water, land and materials in the technology and a small, lightweight, recycled product. Where there are conditions, we should make full use of renewable energy such as solar energy, geothermal energy and wind power.


The state encourages the use of non-toxic solid waste to produce construction materials, encourages the use of bulk cement, and promotes the use of premixed concrete and pre-mixed mortar.


It is forbidden to destroy the land burning bricks. The production, sale and use of clay bricks shall be prohibited within the time limit and territory prescribed by the state council or the people's governments of provinces, autonomous regions and municipalities directly under the central government.


Article 24 people's governments at or above the county level and agricultural departments should promote the intensive utilization of land, encourage and support agricultural producers adopt water saving, save water and fertilizer of advanced planting, breeding and irrigation technology, promote the agricultural machinery and energy saving, the priority to the development of ecological agriculture.


In water shortage areas, should adjust the planting structure, the priority to the development of water-saving agriculture, promote the rainwater collection and utilization, construction and management of water-saving irrigation facilities, improve the efficiency of water, reduce water evaporation and leakage.


Article 25 the state organs and other organizations shall use fiscal fund saving, put an end to waste, take the lead in conserving energy, water, land and materials in use and is beneficial to environmental protection products, equipment and facilities, economize the use of office supplies. The state council and local people's governments at or above the county level administration organ affairs institution jointly with the people's government at the corresponding level and relevant departments at the corresponding level of state organs and other institutions can use, water quota, the financial department make expenditure standard according to the quota.


The owners or users of the urban people's government and buildings shall take measures to strengthen the maintenance and management of buildings and extend the service life of buildings. The people's government of the city shall not decide to dismantle the buildings in accordance with the standard of urban planning and construction and in the reasonable service life, except for the public interest.


Article 26 service enterprises such as the catering, entertainment, hotel, etc., shall adopt energy saving, water saving, material saving and environmental protection products and reduce the use or not use of waste resources, pollution, environmental products.


After the implementation of this law, new catering, entertainment, hotel and other service enterprises shall adopt technologies, equipment and facilities that are energy-saving, water-saving, material saving and conducive to the protection of the environment.


Article 27 the state encourages and supports the use of reclaimed water. In areas where reclaimed water is available, the use of tap water as urban road cleaning, urban greening and landscape water use is restricted or prohibited.


Article 28 the state limits the production and sale of disposable consumer goods on the premise of ensuring product safety and hygiene. The detailed list shall be formulated by the comprehensive administrative department for circular economy development under the state council, together with the financial and environmental protection departments under the state council.


For the production and sale of disposable consumer goods listed in the list of provisions mentioned in the preceding paragraph, restrictive taxation and export measures shall be formulated by the competent departments of finance, taxation and foreign trade of the state council.

Chapter iv recycling and recycling.



Article 29 people's governments at or above the county level shall make a comprehensive plan layout of regional economy, adjusting the industrial structure, promote the enterprises to cooperate in the areas of comprehensive utilization of resources, realize the efficient utilization of resources and recycling.


All kinds of industrial parks should organize the enterprises in the region to make comprehensive utilization of resources and promote the development of circular economy.


The state shall encourage enterprises of all kinds of industrial park to exchange waste utilization, energy cascade utilization, the classification of the intensive utilization of land, water use and recycling, the common use of infrastructure and other related facilities.


New and renovated industrial parks shall carry out environmental impact assessment according to law and adopt ecological protection and pollution control measures to ensure the environmental quality of the region meets the prescribed standards.


Article 30 an enterprise shall, in accordance with the provisions of the state, make comprehensive use of the coal ash, gangue, tailings, waste rock, waste gas and other industrial wastes generated in the production process.


Article 31 an enterprise shall develop a series water system and a circulating water system to improve the reuse rate of water.


Enterprises shall adopt advanced technology, technology and equipment to recycle waste water produced in the production process.


Article 32 enterprises shall adopt advanced or applicable recovery technologies, processes and equipment to make comprehensive use of the residual heat and residual pressure generated in the production process.


Construction and utilization of remaining heat and pressure, coalbed gas, and coal gangue, slime and garbage etc. Low calorific value of fuel grid-connected power generation project, shall obtain the administrative licensing in accordance with the provisions of law and the state council or submit for the record. The power grid enterprises shall, in accordance with the provisions of the state, sign an agreement with the enterprises that make comprehensive utilization of resources for power generation, provide Internet service, and purchase the Internet power of the connected power generation project in full.


Article 33 the construction unit shall make comprehensive utilization of the construction waste generated in the project construction; If the comprehensive utilization condition is not available, the qualified production operator shall be entrusted with the comprehensive utilization or harmless disposal.


Article 34 the state shall encourage and support agricultural producers and related enterprises to adopt advanced and applicable technologies, by-product of crop straw, livestock and poultry dung, agricultural product processing industry, waste comprehensive utilization of agricultural film, etc, the development and utilization of biogas biomass energy.


Article 35 people's governments at or above the county level and the competent forestry authorities shall actively developing ecological forestry, encourage and support the producers of forestry and related enterprises to adopt wood saving and substitution technology, forestry waste and time little fuelwood, ShaSheng shrubs, such as the comprehensive utilization, improve the comprehensive utilization.


Article 36 the state shall support producers and operators in establishing industrial waste exchange information systems and promoting enterprise exchange of industrial waste information.


Enterprises that do not have comprehensive utilization conditions for the waste generated in the production process shall be provided to the qualified production operators for comprehensive utilization.


Article 37 the state encourages and promotes the construction of waste recovery systems.


The local people's governments shall, in accordance with the urban and rural planning, rational layout of waste recovery network and market, support waste recovery enterprises and other organizations to conduct waste collection, storage, transportation and information exchange.


The market for waste recovery and exchange shall conform to the provisions of national environmental protection, safety and fire control.


Article 38 of waste electric and electronic products, motor vehicles and vessels, waste tires, waste lead-acid batteries and other specific products to disassemble or reuse, shall comply with the provisions of the relevant laws and administrative regulations.


Article 39. If the electronic products are recovered and sold after repair, they must conform to the re-use product standards and shall be marked as reusable products in a conspicuous place.


The recycled electrical and electronic products, which need to be disassembled and recycled, shall be sold to the disassembled enterprises with conditions.


Article 40 the state shall support enterprises to carry out remanufacturing of motor vehicle parts, construction machinery, machine tools and other products and to renovate the tires.


The quality of remanufactured products and refurbished products sold must conform to the standards set by the state and be marked as remanufactured or refurbished.


Article 41 the people's governments at or above the county level shall make a comprehensive planning and construction of urban and rural living garbage classification collection and recycling use facilities, set up and improve the classified collection and recycling use system, improve the living garbage recycling rate.


The people's governments at or above the county level shall support enterprises in the construction of sludge recycling and disposal facilities, improve the level of comprehensive utilization of the sludge and prevent the occurrence of re-pollution.



Chapter v incentive measures.



Article 42 the state council and the people's governments of provinces, autonomous regions and municipalities directly under the central government to set up the development of circular economy of the special funds, support of science and technology research and development, circular economy and circular economy demonstration and promotion of technology and products in the implementation of the circular economy, major projects, developing circular economy of information service, etc. The specific measures shall be formulated by the financial department under the state council and the comprehensive management of circular economy development under the state council.


Article 43 the state council and the relevant departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall be circular economy major research projects of independent innovation of science and technology research, application demonstration and industrialization development in national or provincial science and technology development planning and high technology industry development plan, and arrange for fiscal fund support.


To use financial funds to introduce major technologies and equipment of circular economy, the plan for digestion, absorption and innovation shall be formulated, which shall be submitted to the competent authorities for examination and approval and shall be supervised and implemented by them; The competent authorities shall establish coordination mechanisms according to the actual needs, coordinate the introduction and digestion, absorption and innovation of major technologies and equipment, and provide financial support.


Article 44 the state to promote the development of circular economy industry activities to give tax breaks, and use of tax and other measures to encourage the import of advanced energy saving, water saving, material saving, such as technology, equipment and products, restrictions in the process of production of high energy consumption and heavy pollution products exports. The specific measures shall be formulated by the financial and tax authorities under the state council.


The enterprises shall, in accordance with the relevant regulations of the state, enjoy tax advantages in the use or production of technologies, processes, equipment or products that are listed in the national clean production and comprehensive utilization of resources.


Article 45 people's governments at or above the county level of circular economy development of comprehensive management in the formulation and implementation of investment plans, conserving energy, water, land and materials in it shall be, comprehensive utilization of resources as a key investment areas.


To conform to the national industrial policy of energy saving, water, land and material saving, comprehensive utilization of resources, such as project, financial institutions shall give priority to loan or other credit support, and actively provide financial services.


Financial institutions may not provide any form of credit support to enterprises that produce, import, sell or use the technologies, processes, equipment, materials or products listed in the list of elimination.


Article 46 the state shall implement price policies conducive to resource conservation and rational utilization, and guide units and individuals to economize and rationally use water, electricity, gas and other resource products.


The state council and the people's governments of provinces, autonomous regions and municipalities directly under the central government price departments shall, in accordance with the national industrial policy, high consumption of resources in the industry limited class project, implement restrictive price policy.


On the use of remaining heat and pressure, coalbed gas, and coal gangue, slime and garbage etc. Grid-connected power generation project of low calorific value of fuel price departments according to the principle of conducive to the comprehensive utilization of resources determine its feed-in tariff.


The people's governments of provinces, autonomous regions and municipalities directly under the central government may, in accordance with the state of economic and social development in their respective administrative regions, implement a system of charging for waste discharge. The fees charged shall be used for the classification, collection, transportation, storage, utilization and disposal of garbage, and shall not be used for other purposes.


The state encourages the recycling of waste through the use of old and new deposits.


Article 47 the state shall implement a government procurement policy conducive to the development of circular economy. The use of financial funds for procurement shall give priority to the purchase of energy saving, water saving, materials and products and products that are conducive to the protection of the environment.


Article 48 people's governments and their departments at or above the county level shall, on the circular economy and management, science and technology research, product development, demonstration and extension work units and individuals that have made remarkable achievements to give recognition and rewards.


Enterprises and institutions shall commend and reward the collective and individuals who have made outstanding contributions to the development of circular economy.



Chapter vi legal liability.



Article 49 the people's governments at or above the county level of circular economy development of comprehensive management department or other relevant ACTS, or found in violation of the provisions of the competent department in charge of after receiving report for violations of the law will not be investigated, or has other ACTS does not fulfill the duties and responsibilities in accordance with the law, by the people's government at the corresponding level or the competent department of the people's government at the next higher level shall be ordered to correct, the person in charge directly responsible and other directly responsible personnel in accordance with the law to give disciplinary action.


Article 50 whoever produces or sells products or equipment listed in the list of elimination shall be punished in accordance with the provisions of the product quality law of the People's Republic of China.


Use included in the list of technologies, processes, equipment, materials, development of circular economy by the local people's governments at or above the county level comprehensive management department shall be ordered to stop the use, confiscate the illegal use of equipment, materials, and concurrently be fined fifty thousand yuan and two hundred thousand yuan; If the circumstances are serious, the people's governments at or above the county level shall submit their opinions and submit to the people's government at the corresponding level to order them to suspend business or close them in accordance with the authority prescribed by the state council.


In violation of the provisions of this law, the import of equipment, materials or products listed in the list of elimination shall be ordered to be returned by the customs and may be imposed a fine of not less than 100,000 yuan but not more than one million yuan. Where the importer is not clear, the carrier shall bear the responsibility for the withdrawal or bear the relevant disposal expenses.


Article 51 in violation of the provisions of this law, to may cause environmental pollution in the process of dismantling or disposal of electric and electronic products, such as design USES listed in the list of countries to ban the use of toxic and harmful substances, by the local people's governments at or above the county level product quality supervision department instructs deadline rectification. Those who fail to make corrections within the time limit shall be fined not less than 20,000 yuan but not more than 200,000 yuan. If the circumstances are serious, the local people's government at or above the county level shall product quality supervision department to the relevant report to the administrative department for industry and commerce at the corresponding level, the administrative authority for industry and commerce shall revoke the business license.


Article 52 in violation of the provisions of this law, power, oil processing, chemical industry, steel, nonferrous metals and building materials enterprise are not within the prescribed scope, or duration, stop using is not in conformity with the provisions of the state of fuel generator or fuel boiler, development of circular economy by the local people's governments at or above the county level comprehensive management department instructs deadline rectification. If it fails to make corrections within the time limit, it shall be ordered to dismantle the fuel generator set or oil-fired boiler, and shall be fined not less than 50,000 yuan but not more than 500,000 yuan.


Article 53 in violation of the provisions of this law, a mining enterprise fails to reach the review in accordance with the law to determine the mining recovery rate and impoverishment rate in mining and ore dressing recovery rate, mine water utilization and land reclamation rate and other indicators, in charge of geology and mineral resources department of the people's government at or above the county level shall order correction within a time limit and be fined fifty thousand yuan and five hundred thousand yuan; The mining license issuing authority shall revoke the mining license in accordance with the law.


Article 54 in violation of the provisions of this law, the state council or the people's governments of provinces, autonomous regions and municipalities directly under the central government regulations banning the production, sales, production, sales, the duration of the use of clay brick or area or the use of clay brick, the department designated by the local people's governments at or above the county level shall be ordered to make corrections within a time limit; If there is any illegal income, the illegal income shall be confiscated; The administrative departments for industry and commerce of the local people's governments shall revoke their business licenses in accordance with law.


In violation of the provisions of article 55 of the power grid enterprises to acquire enterprise use of remaining heat and pressure, coalbed gas, and coal gangue, slime and garbage etc. Low calorific value of fuel in the production of electricity, by the state electricity regulatory institution shall order correction within a time limit; If the enterprise causes losses, it shall be liable for compensation according to law.


Article 56 whoever, in violation of the provisions of this law, commits any of the following ACTS shall be ordered by the administrative department for industry and commerce of the local people's government to make corrections within a time limit, and may be fined not less than 5,000 yuan but not more than 50,000 yuan. If it fails to make corrections within the time limit, the business license shall be revoked in accordance with law; Where losses are caused, the liability for compensation shall be borne according to law:


(1) selling and re-using electrical and electronic products with no re-use of product marks;


(2) the sale of remanufactured or refurbished products that have not been remanufactured or refurbished.


Article 57 whoever, in violation of the provisions of this law, constitutes a crime shall be investigated for criminal responsibility according to law.



Chapter vii supplementary provisions



Article 58 this law shall come into force as of January 1, 2009.