Chapter I General Provisions

Article 1 in order to strengthen the state's macro management of energy conservation, promote energy conservation and consumption reduction, improve economic benefits and ensure the development of the national economy, these Provisions are formulated in accordance with the relevant provisions of the Interim Regulations on the administration of energy conservation issued by the State Council.

Article 2 the term "energy conservation monitoring" as mentioned in these Provisions refers to the general term of law enforcement activities such as the supervision and detection of energy utilization by the energy conservation monitoring institutions authorized by the government in accordance with the national laws and regulations (or industrial and local regulations) and technical standards on energy conservation, as well as the suggestions on the treatment of energy waste.

Article 3 all enterprises, institutions, government organs, organizations and individuals in urban and rural areas shall abide by these provisions.

Chapter II Organization and responsibilities

Article 4 the national energy conservation monitoring work shall be uniformly organized and managed by the Energy Conservation Department of the State Planning Commission. The competent energy conservation departments of the people's governments of provinces, autonomous regions, municipalities directly under the central government and cities specifically designated in the state plan shall be responsible for the monitoring of energy conservation in their respective regions. The competent energy conservation departments of relevant ministries, bureaus and head offices of the State Council shall be responsible for managing the directly subordinate units and assisting the competent energy conservation departments of local governments to guide the monitoring of energy utilization in their own industries.

Article 5 the state establishes a national energy conservation monitoring and management center.

Provinces, autonomous regions, municipalities directly under the central government and cities specifically designated in the state plan shall set up provincial (regional and municipal) energy conservation monitoring centers. Whether provinces, autonomous regions and municipalities directly under the central government shall establish energy conservation monitoring stations shall be decided by the provinces, autonomous regions and municipalities directly under the central government.

Whether the relevant ministries, bureaus and head offices of the State Council shall set up industrial energy conservation monitoring institutions shall be decided by the ministries, bureaus and head offices themselves.

Energy conservation monitoring centers (stations) at all levels are public institutions, and their funds shall be solved by local business expenses and subject to the business guidance of the competent Energy Conservation Department of the government at the same level.

Article 6 the main responsibilities of the national energy conservation monitoring and management center are as follows:

（1） Organize the preparation of key points of the national energy conservation monitoring plan, and provide technical and professional guidance to energy utilization monitoring institutions in various regions and industries.

（2） Collect and sort out the national energy-saving monitoring data, and organize the research, development, exchange and training of energy-saving monitoring technology.

（3） Organize the business assessment of the monitoring personnel of provincial (District, city) and industrial energy conservation monitoring centers.

（4） Undertake the technical arbitration of disputes between provincial (District, city) and industrial energy conservation monitoring centers.

（5） Be responsible for regularly reporting the national energy conservation monitoring work to the energy conservation competent department of the State Planning Commission and putting forward relevant suggestions.

（6） Participate in the formulation of regulations, standards and technical specifications related to energy conservation monitoring.

（7） Undertake other work related to energy conservation monitoring entrusted by the competent department of energy conservation of the State Planning Commission.

Article 7 the main responsibilities of energy conservation monitoring centers in all provinces, autonomous regions, municipalities directly under the central government and cities specifically designated in the state plan:

（1） Organize and carry out energy-saving monitoring in the region, and provide technical guidance and business management to the energy-saving monitoring stations in the region.

（2） Assist the competent department of energy conservation in preparing the local energy conservation monitoring plan, and participate in the formulation of energy conservation monitoring regulations, standards and technical specifications.

（3） Undertake the technical and business assessment of the personnel of the local (municipal) energy-saving monitoring stations.

（4） Undertake the technical arbitration of energy-saving monitoring disputes in the regions (cities) under its jurisdiction.

（5） Carry out energy-saving monitoring technology research, information exchange, technical training and coordination of technical cooperation, collect and sort out the data and materials of energy utilization monitoring in the region, regularly report the energy-saving monitoring to the competent energy-saving department and the national energy-saving monitoring and management center, and put forward relevant suggestions.

（6） The energy conservation monitoring center of a city specifically designated in the plan shall accept the business guidance of the energy conservation monitoring center of the province or autonomous region where it is located, and the energy conservation monitoring regulations, standards and technical specifications shall be coordinated with the province or region, and the energy conservation monitoring plan shall be submitted.

Article 8 the main responsibilities of local and municipal energy conservation monitoring stations are as follows:

（1） Assist the local competent department of energy conservation in formulating energy conservation monitoring plan.

（2） Implement energy conservation monitoring in the region.

（3） Collect, sort out and store the data and materials of energy conservation monitoring in the region.

（4） Provide technical guidance and supervision on energy-saving self inspection in enterprises.

（5） Regularly report the energy-saving monitoring situation to the local energy-saving competent department and the superior energy-saving monitoring center, and put forward relevant suggestions.

Article 9 the main responsibilities of the energy conservation monitoring center of relevant ministries, bureaus and head offices of the State Council:

（1） Participate in the formulation of technical specifications and standards for energy conservation monitoring in the industry.

（2） Be responsible for the energy-saving monitoring of the units directly under the system, put forward treatment opinions for the units that fail to pass the monitoring, and submit them to the competent department of energy-saving monitoring of the system for approval. The energy-saving monitoring plan of the affiliated enterprise shall be submitted to the local monitoring center for summary.

（3） Cooperate with regional energy-saving monitoring centers (stations) to implement energy-saving monitoring for enterprises with complex technology, strong professionalism and equipped with special equipment in the industry.

（4） Carry out energy-saving monitoring technology research, information exchange, technical training and consultation in the industry.

（5） Report the monitoring situation and put forward relevant suggestions to the competent department of energy conservation of the system and the national energy conservation monitoring and management center.

Chapter III monitoring contents and procedures

Article 10 the main contents of energy conservation monitoring include:

（1） Check and evaluate the reasonable heat consumption;

（2） Detect and evaluate the reasonable power consumption;

（3） Detect and evaluate the reasonable use of oil;

（4） Assist the technical supervision department in the supervision and testing of energy supply quality;

（5） Spot check and verification of energy consumption indicators of energy-saving products;

（6） Detect and evaluate the energy consumption of energy consuming products and the technical performance of processes, equipment and networks related to product energy consumption;

（7） Supervise the renewal and transformation of the eliminated mechanical and electrical products announced by the state.

Article 11 when implementing the technical standards, the energy-saving institutions shall strictly monitor the relevant technical standards.

Article 12 energy conservation monitoring is divided into regular monitoring and irregular monitoring. For regular monitoring, the monitored unit shall be notified ten days before the implementation of monitoring. The energy conservation monitoring center (station) can also monitor the energy utilization of energy users at any time.

Article 13 the monitored unit shall provide technical documents and materials related to monitoring to the energy conservation monitoring center (station), make preparations and provide necessary working conditions according to the specific requirements of the monitoring center (station).

Article 14 after the monitoring work is completed, the monitoring center (station) shall submit the monitoring report and handling opinions to the monitored unit and its competent department, and copy it to the competent department of energy conservation at the same level.

Article 15 for those who fail to pass the initial monitoring, the monitoring center (station) shall timely notify the monitored unit and make rectification within a time limit; Retest shall be carried out after rectification. If the retest is still unqualified, the price increase fee for exceeding the energy consumption shall be charged as the regional (industry) energy conservation transformation fund with the approval of the competent energy conservation department at the same level. Those who fail to pass the second retest shall be reported to the Local Economic Commission (planning and Economic Commission) for approval, and be punished by reducing or stopping the supply of energy until the equipment is sealed up.

The price increase fee for excessive energy consumption shall not be included in the cost and non operating expenses.

Enterprises that are punished for exceeding the energy consumption standard shall not participate in the upgrading (grading) of energy-saving advanced enterprises in that year, and the obtained energy-saving grade shall be degraded or cancelled.

Article 16 if the monitored unit has any objection to the monitoring and handling opinions, it shall appeal to the superior energy conservation competent department within half a month after receiving the handling notice. The superior energy conservation competent department shall entrust the superior energy conservation monitoring organization to conduct arbitration and make a handling conclusion within one month.

Article 17 If the mechanical equipment in use by an enterprise belongs to the mechanical and electrical products that have been announced to be eliminated by the state and do not meet the requirements of the national energy conservation standards after monitoring, the regional (industry) energy conservation monitoring organization has the responsibility to assist the local (industry) energy conservation competent department to formulate a plan and supervise the renewal or transformation as soon as possible.

Chapter IV Management of energy conservation monitoring institutions

Article 18 an energy-saving monitoring institution shall, in accordance with the requirements of the measures for the certification and examination of energy-saving monitoring institutions (see Annex), be approved by the government department and issued a certificate after passing the certification and examination, so as to implement its energy-saving monitoring function.

Article 19 the energy conservation monitoring center (station) implements the director (station master) responsibility system. Energy saving monitoring professionals implement the technical post appointment system, and the treatment is the same as that of technicians in other departments.

Article 20 the outstanding technical specifications, standards, methods and reports related to energy conservation monitoring may participate in the evaluation and comparison of scientific research achievements. Energy conservation monitoring data and documents involving confidentiality shall be handled in strict accordance with the relevant confidentiality system.

Article 21 energy conservation monitoring professionals must pass the examination of the provincial and ministerial energy conservation monitoring center before they can be employed, and the local government or relevant departments shall grant the certificate and badge of energy conservation monitor. Engage in energy-saving monitoring with the certificate of energy-saving monitor and energy-saving monitoring certificate.

Article 22 energy conservation monitoring personnel shall strictly abide by discipline, be impartial and abide by the law when performing their tasks. Those who abuse their power or engage in malpractices for personal gain shall be given administrative sanctions according to the seriousness of the circumstances. Those who violate the criminal law shall be investigated for criminal responsibility by the judicial department.

Article 23 when engaging in monitoring, energy conservation monitoring institutions may charge depreciation fees for testing instruments and equipment, material fees and labor fees according to the charging standards.

The charging standard shall be approved and implemented by the competent Energy Conservation Department of the provincial and ministerial government in conjunction with the price department.

Chapter V supplementary provisions

Article 24 all regions and industries may formulate detailed rules for implementation in accordance with these provisions and in combination with the actual situation.

Article 25 with regard to the monitoring of rational power consumption, the specific division of labor and cooperation between local monitoring centers (stations) and the three power offices shall be coordinated by the Local Economic Commission (planning and Economic Commission).

Article 26 the military system may formulate its own detailed rules for energy conservation monitoring with reference to these provisions.

Article 27 The competent department of energy conservation of the State Planning Commission shall be responsible for the interpretation of these provisions.

Article 28 these Provisions shall enter into force as of June 1, 1990.

enclosure:

Measures for certification and approval of energy conservation monitoring institutions

In accordance with the requirements of the Metrology Law of the people's Republic of China and the Interim Regulations on the administration of energy conservation, in order to ensure the reliability and impartiality of energy conservation monitoring. The capacity and functions of energy-saving monitoring institutions shall be certified and examined. The relevant methods of certification and examination are as follows:

1、 All energy-saving monitoring institutions must pass the measurement certification and the examination and approval of the monitoring function before they can carry out energy-saving monitoring.

2、 Necessary conditions for metrological certification of energy-saving monitoring institutions:

1. The energy-saving detection instruments and equipment shall be suitable for the monitoring projects they are engaged in;

2. The working environment of the laboratory can meet the requirements of energy-saving monitoring;

3. The monitoring personnel have the necessary professional knowledge and practical experience of energy-saving monitoring, and pass the technical and business assessment;

4. There is a management system to ensure the fairness and reliability of monitoring data.

3、 Necessary conditions for the examination and approval of the monitoring function of the energy conservation monitoring organization:

1. It is a legal entity established by the competent department of energy conservation at the same level and approved by the Economic Commission (planning and Economic Commission), or the Ministry, bureau and head office of the State Council;

2. There are energy-saving monitoring measures in line with the actual situation of the region and the industry.

3. There is a relatively stable technical consulting team and skilled testing team familiar with the production process of major industries.

4、 The metrological certification of energy-saving monitoring institutions shall be carried out in accordance with the measures for the administration of metrological certification of product quality inspection institutions promulgated by the State Bureau of technical supervision.

5、 The monitoring functions of energy conservation monitoring institutions shall be examined and approved by the competent energy conservation departments at the provincial and ministerial levels.

6、 The national energy conservation monitoring and management center authorized by the State Planning Commission and the State Bureau of technical supervision is specifically responsible for the certification, examination and assessment of provincial and industrial energy conservation monitoring institutions. The energy conservation monitoring centers of all provinces, autonomous regions, municipalities directly under the central government and all ministries, bureaus and head offices of the State Council are specifically responsible for the certification, examination and assessment of energy conservation monitoring stations of their respective regions (cities) or units directly under the State Council.

7、 The national energy conservation monitoring and management center shall formulate specific review and assessment rules in accordance with the measures for the assessment and evaluation of measurement certification of product quality inspection institutions and the Interim Provisions on the management of energy conservation monitoring.

8、 For those who pass the assessment, the metrological administrative department shall issue the metrological certification certificate, and the local government or relevant departments shall issue the energy-saving monitoring certificate and seal.