People's Republic Of China Cleaner Production Promotion Law

Original Language Title: 中华人民共和国清洁生产促进法

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People's Republic of China order of the President of the 54th number

The Standing Committee of the national people's Congress to amend of People's Republic of China cleaner production promotion law, the decision by the People's Republic of China adopted by the 25th meeting of the Standing Committee of the 11th NPC in February 29, 2012, are hereby promulgated and, as of July 1, 2012.

People's Republic of China President Hu Jintao

The February 29, 2012
Standing Committee of the national people's Congress on revising the People's Republic of China cleaner production promotion law decisions

(February 29, 2012, adopted by the 25th session of the Standing Committee of the 11th NPC)

The 25th meeting of the Standing Committee of the 11th NPC decision on the People's Republic of China cleaner production promotion law, as follows:

All of the fourth section of "cleaner production into the national economic and social development plan" is amended as "promoting cleaner production into national economic and social development plans and annual plans of work." Bis, fifth amendment: "integrated cleaner production coordination Department of the State Council is responsible for organizing and coordinating national cleaner production promotion.

Environmental protection, industry, science and technology, the financial sector and other relevant sectors, in accordance with their respective responsibilities, responsible for the promotion of cleaner production. "Local people's Governments at or above the county level responsible for leading the promotion of cleaner production work in their respective administrative areas. Cleaner production of the local people's Governments at or above the county level shall determine General Coordinator is responsible for organizing, coordinating promotion of cleaner production work in their respective administrative areas. Relevant departments of the local people's Governments at or above the county level shall, in accordance with their respective responsibilities, responsible for the promotion of cleaner production.



Third, eighth and Nineth merged, as the eighth and amended as: "integrated cleaner production coordination Department of the State Council in conjunction with the Environmental Protection Department and other relevant departments, industry, science and technology, according to the national economic and social development plan and save resources, reduce energy consumption, reduce major pollutants discharge requirements, establishment of national cleaner production implementation plan, upon approval by the State Council, announced in a timely manner.

"National cleaner production implementation plan should include the following: main tasks and objectives for the promotion of cleaner production, safeguard measures, determined according to the level of resource and energy consumption, pollutant emissions clean production focus areas, key industries and key projects.

"Relevant competent departments of the State Council under plans the national cleaner production cleaner production projects, develop industry-specific cleaner production implementation planning and implementation. "Local people's Governments at or above the county level in accordance with national cleaner production implementation planning, implementation of cleaner production plan for industry, in accordance with the conservation of resources and reduction of energy consumption, reducing major pollutants discharge requirements, identify key projects for cleaner production in the region, formulate implementation of cleaner production implementation planning and implementation.

” Four, and increased a article, as Nineth article: "central budget should strengthening on clean production promote work of funds input, including central financial clean production special funds and central budget arrangements of other clean production funds, for support national clean production implementation planning determine of focus field, and focus industry, and focus engineering implementation clean production and technology promotion work, and ecological vulnerable area implementation clean production of project.

The central budget are used to support specific measures for the promotion of the use of funds for cleaner production shall be formulated by the financial sector, integrated and coordinated in conjunction with the relevant departments of the State Council on cleaner production. "Local people's Governments at or above the county level shall make an overall cleaner production promotion fund of local financial arrangements, and guide social capital to support cleaner production project.

” Five, the tenth is revised as follows: "the State Council and relevant departments of the people's Governments of provinces, autonomous regions and municipalities should be organized and supported the establishment of promotion of cleaner production information systems and technical consulting service system, to serve the community about cleaner production methods and technologies, recycling of waste supply and cleaner production policy, information and services.



11th six, be modified to: "integrated cleaner production coordination Department of the State Council in conjunction with the environmental protection, industry, science and technology, construction, agriculture and other departments concerned regular cleaner production technologies, processes, equipment and products Guide Directory. "Integrated cleaner production coordination Department, environmental protection Department under the State Council and provinces, autonomous regions and municipalities are responsible for comprehensive coordination of clean production department, environmental protection Department, in conjunction with relevant departments at the same level, organization guide to clean production of key industries or regions, and guide the implementation of cleaner production.

” Seven, the 12th article is revised as follows: "State for the waste of resources and serious pollution of the environment of outdated production technologies, processes, equipment and products within the Elimination System. Relevant departments of the State Council in accordance with the Division of responsibilities, develop and publish deadlines out of production technologies, processes, equipment and products directory.



Eight, and will 17th article and 31st article merged, as 17th article, modified for: "province, and autonomous regions, and municipalities Government is responsible for clean production integrated coordination of sector, and environmental protection sector, according to promote clean production work of need, in this area main media Shang announced not reached energy consumption control index, and focus pollutants emissions control index of enterprise of list, for public supervision enterprise implementation clean production provides according to. "Included in the list of enterprises in the preceding paragraph shall be integrated cleaner production under the State Council Coordination Department, regulations of the Environmental Protection Department published energy consumption or production, emissions of key pollutants, subject to public supervision.

” The 20th article nine, and is revised as follows: "reasonable in Enterprise product packaging, packaging materials, structures and costs and inside products of consistent quality, specifications and costs, and reduce the generation of packaging wastes, not for excessive packaging.



Section ten, delete the 27th.

Article XI the 28th to 27th, second and third paragraphs as the second and fourth paragraphs, amended to read: "enterprise of one of the following circumstances shall be mandatory implementation of cleaner production audit:

"(A) the emissions exceed the national or local standards, or did not exceed the national or local emission standards, but more than the point of total quantity control of pollutants;

"(B) exceeds the norm of energy consumption per unit of product standards for high energy consumption;

"(C) the use of toxic and hazardous materials in production or emission of toxic and hazardous substances in the production. "The mandatory implementation of cleaner production audit of enterprise, should the audit results to the local people's Governments above the county level are responsible for the clean production of comprehensive coordinated sectoral report, environmental protection Department, and published in the media in the region, subject to public supervision, but except those involving trade secrets.



Added two paragraphs, as the third and fifth paragraphs: "pollutants emissions exceed the emission standards specified in national or local businesses, should be in accordance with the provisions of relevant laws on environmental protection management. "Relevant departments of the local people's Governments at or above the county level shall supervise the implementation of mandatory implementation of cleaner production audit of enterprise and, if necessary, can be organized to assess the effects of implementing cleaner production inspection and requirements into government budgets at the same level. Assessing inspection departments or units not to assess acceptance companies charge a fee.

” The fourth paragraph as the sixth paragraph, amended to read: "the specific measures for implementation of cleaner production audit, integrated cleaner production coordination by the State Council Department, environmental protection Department, in conjunction with the relevant departments of the State Council.

” Section 12, the 29th to the 28th, is revised as follows: "except as provided in paragraph II of this article 27th enterprise, integrated cleaner production and voluntary coordination Department and environmental protection department signed agreements for further resource conservation and emission reduction. The integrated cleaner production coordination Department and environmental protection Department of the Enterprise shall be published in the media in the region names as well as resource conservation and pollution prevention achievements.

” Under article 13, the 30th to 29th and amended as: "on a voluntary basis, in accordance with the relevant provisions of the environmental management system certification, commissioned by the certification and accreditation administration departments of the State Council accredited certification bodies for certification, improve the level of cleaner production.

” Article 14, the 33rd to 31st and amended as: "for cleaner production research, demonstration and training, national implementation of cleaner production key technological transformation projects 28th article of this law and the voluntary conservation of resources and pollution emissions reduction technology projects set out in the agreement, the people's Governments above the county level shall give financial support.

” Section XV, the 35th to 33rd, is revised as follows: "in accordance with law of waste and recovery of raw materials from waste products, in accordance with relevant State regulations, enjoy tax breaks.

” 16, the addition of an article, as the 35th: "integrated cleaner production coordination department or other departments did not perform their duties in accordance with the provisions of this law, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions.

” 17, the 41st to 36th, amended to read: "17th article in violation of this law provides that failing to publish energy consumption or production, emissions of key pollutants, coordinated by the local people's Governments at or above the county level shall be responsible for the clean production sectors, environmental protection departments in accordance with the Division of duties ordered released, may be fined not more than 100,000 yuan.



18, by deleting clause 39th. 19, and will 40th article to 39th article, modified for: "violation this method 27th article second paragraph, and fourth paragraph provides, not implementation mandatory clean production audit or in clean production audit in the fraud of, or implementation mandatory clean production audit of enterprise not report or not truthfully report audit results of, by County above place Government is responsible for clean production integrated coordination of sector, and environmental protection sector according to duties Division ordered deadline corrected; refused to corrected of, sentenced 50,000 yuan above 500,000 yuan following of fine.

” Increased a paragraph, as second paragraph: "violation this method 27th article fifth paragraph provides, bear assessment acceptance work of sector or units and staff to was assessment acceptance Enterprise charged costs of, not truthfully assessment acceptance or in assessment acceptance in the fraud of, or using positions Shang of convenience seek interests of, on directly is responsible for of competent personnel and other directly responsibility personnel law give disposition; constitute crime of, law held criminal.



Second paragraph of article 20, the seventh, 13th, 14th and 15th in the second paragraph of "relevant competent administrative departments" is amended as "relevant departments".

The 14th article in the "Science and technology Administrative Department" amended to "Science and technology sector."

The 15th article in the "Department of education administration" changed to "Department of education".

In the 21st, "economic and trade Administrative Department" amended to read "industrial sector", "standardization Administrative Department" amended to read "standardization".

In the 37th, "departments of quality and technical supervision administration" is amended as "the quality and technology supervision departments."

This decision shall enter into force on July 1, 2012.

People's Republic of China cleaner production promotion law in accordance with this decision be revised and republished.
  People's Republic of China cleaner production promotion law

(June 29, 2002 adopted at the 28th session of the Standing Committee of the ninth of February 29, 2012 the 11th session of the 25th meeting of the Standing Committee of the national people's Congress to amend People's Republic of China amended the decision on the clean production promotion law)

Directory

Chapter I General provisions

Chapter II implementation of cleaner production

Chapter III implementation of cleaner production

The fourth chapter incentive

The fifth chapter legal liability
  The sixth chapter supplementary articles chapter I General provisions

First in order to promote cleaner production, improve the efficiency of resources utilization, reduction and avoidance of pollutants, and to protect and improve the environment, protect human health, and to promote economic and social development, this law is enacted.

Second article this method by said clean production, is refers to constantly take improved design, and using clean of energy and raw materials, and used advanced of process technology and equipment, and improved management, and utilization, measures, from source cut pollution, improve resources using efficiency, reduced or avoid production, and service and products using process in the pollutants of produced and emissions, to reduce or elimination on human health and environment of against.

Article in the People's Republic of China in the field, engaged in production and service activities and related management activities of departments in accordance with the provisions of this law, organization, implementation of cleaner production. The fourth State to encourage and promote cleaner production.

State Council and local people's Governments at or above the county level, promoting cleaner production should be integrated into national economic and social development plans, annual plans, resource utilization and environmental protection, industrial development and regional development planning. The fifth integrated cleaner production coordination Department of the State Council is responsible for organizing, coordinating national cleaner production promotion.

Environmental protection, industry, science and technology, the financial sector and other relevant sectors, in accordance with their respective responsibilities, responsible for the promotion of cleaner production. Local people's Governments at or above the county level responsible for leading the promotion of cleaner production work in their respective administrative areas. Cleaner production of the local people's Governments at or above the county level shall determine General Coordinator is responsible for organizing, coordinating promotion of cleaner production work in their respective administrative areas.

Relevant departments of the local people's Governments at or above the county level shall, in accordance with their respective responsibilities, responsible for the promotion of cleaner production.

The sixth State encourages international cleaner production with scientific research, technological development and international cooperation, propaganda and popularization of clean production of knowledge, promotion of cleaner production technologies.

State encourages social organizations and the general public to participate in the production of propaganda, education, promotion, implementation and monitoring.
  Chapter II implementation of cleaner production

Article seventh State Council shall formulate fiscal and taxation policies in favour of cleaner production.

And the relevant departments of the State Council and people's Governments of provinces, autonomous regions and municipalities, should be conducive to the implementation of clean production of industrial policy, technology development and promotion policies.

Article eighth integrated cleaner production coordination Department of the State Council in conjunction with the Environmental Protection Department and other relevant departments, industry, science and technology, according to the national economic and social development plan and save resources, reduce energy consumption, reduce major pollutants discharge requirements, establishment of national cleaner production implementation plan, upon approval by the State Council, announced in a timely manner.

National cleaner production implementation plan should include the following: main tasks and objectives for the promotion of cleaner production, safeguard measures, determined according to the level of resource and energy consumption, pollutant emissions clean production focus areas, key industries and key projects.

Relevant competent departments of the State Council under plans the national cleaner production cleaner production projects, develop industry-specific cleaner production implementation planning and implementation.

Local people's Governments at or above the county level in accordance with national cleaner production implementation planning, implementation of cleaner production plan for industry, in accordance with the conservation of resources and reduction of energy consumption, reducing major pollutants discharge requirements, identify key projects for cleaner production in the region, formulate implementation of cleaner production implementation planning and implementation. The Nineth central budget shall strengthen the promotion work of cleaner production financing, including cleaner production in the central budget earmarked funds and funds from the central budget to other cleaner production, to support national cleaner production implementation plan focus areas, key industries and key projects promotion of cleaner production and technology, as well as the implementation of cleaner production projects in ecologically fragile areas.

The central budget are used to support specific measures for the promotion of the use of funds for cleaner production shall be formulated by the financial sector, integrated and coordinated in conjunction with the relevant departments of the State Council on cleaner production.

Local people's Governments at or above the county level shall make an overall cleaner production promotion fund of local financial arrangements, and guide social capital to support cleaner production project.

The tenth State Council and related departments of the people's Governments of provinces, autonomous regions and municipalities should be organized and supported the establishment of promotion of cleaner production information systems and technical consulting service system, to serve the community about cleaner production methods and technologies, recycling of waste supply and cleaner production policy, information and services.

The 11th integrated cleaner production coordination Department of the State Council in conjunction with the environmental protection, industry, science and technology, construction, agriculture and other departments concerned regular cleaner production technologies, processes, equipment and products Guide Directory.

Integrated cleaner production coordination Department, environmental protection Department under the State Council and provinces, autonomous regions and municipalities are responsible for comprehensive coordination of clean production department, environmental protection Department, in conjunction with relevant departments at the same level, organization guide to clean production of key industries or regions, and guide the implementation of cleaner production. 12th State to waste of resources and serious pollution of the environment of outdated production technologies, processes, equipment and products within the Elimination System.

Relevant departments of the State Council in accordance with the Division of responsibilities, develop and publish deadlines out of production technologies, processes, equipment and products directory.

13th requires approval by the relevant departments under the State Council to establish energy and water conservation, waste reuse, environmental and resource protection product logo and follow the corresponding standards prescribed by the State.

14th people's Governments above the county level science and Technology Department and other relevant departments shall guide and support cleaner production technologies and is conducive to environmental protection and resource conservation products research, development and demonstration and promotion work of cleaner production technologies.

15th education departments of the State Council, should be cleaner production technology and management courses in higher education, vocational education and training system.

Relevant departments of the people's Governments above the county level shall organize awareness-raising and training of clean production, enhance national staff, business managers, and the public awareness of clean production, develop cleaner production management and technical personnel.

Press and publishing, radio, film and television, and cultural units and social groups should play their respective advantages to do advocacy work of cleaner production.

16th people's Governments at all levels should give priority to purchase energy and water conservation, waste reuse, environmental protection and resource conservation products.

People's Governments at various levels shall, through advocacy, education, and encourage the public to buy and use energy-saving, water conservation, waste reuse, environmental protection and resource conservation products.

17th of provinces, autonomous regions and municipalities are responsible for comprehensive coordination Department, Department of environmental protection for clean production, based on the need to promote cleaner production, published in the media in the region failed to meet energy consumption index, list of key emission targets enterprises, provide the basis for public monitoring of enterprises to implement cleaner production.

Included in the list of enterprises in the preceding paragraph shall be integrated cleaner production under the State Council Coordination Department, regulations of the Environmental Protection Department published energy consumption or production, emissions of key pollutants, subject to public supervision.
  Chapter III implementation of cleaner production

18th new construction, reconstruction and expansion project environmental impact assessment should be carried out, raw material use, consumption of resources, comprehensive utilization of resources and pollutants with respect to analysis, give priority to resource utilization rate and less pollutant clean-production technologies, processes and equipment.

In enterprises in the transformation process of the 19th article, should adopt the following cleaner production measures:

(A) adopt the nonpoisonous, harmless and low toxicity, less harmful materials, alternative to toxic and harmful materials;

(B) the high utilization rate of resources, less pollution technology and equipment, alternative resources technology with high pollution and low efficiency, and equipment;

(C) generated in the production of waste, wastewater and comprehensive utilization of the waste heat or recycling;

(D) the emission of pollutants to meet state or local regulations standards and indicators of total quantity control of pollutants pollution prevention techniques.

20th product and packaging design, should take into account the life cycle of impacts on human health and the environment, giving priority to the nonpoisonous, harmless, easy to degrade or recycling program.

Reasonable in Enterprise product packaging, packaging materials, structures and costs and consistent product quality, specifications and costs, and reduce the generation of packaging wastes, not for excessive packaging.

21st production of large mechanical and electrical equipment, motor vehicles and other products designated by the industrial enterprises of the State Council shall, in accordance with standardized Department of the State Council or by its authorized institutions to develop technical specifications, indicated on the material composition of the main components in the product specifications.

22nd agricultural producers should be scientifically using chemical fertilizers, pesticides, agricultural film and feed additives to improve planting and breeding technology, harmless agricultural products of high quality, and agricultural production and waste of resources, prevention of agricultural environmental pollution.

Prohibition of toxic and hazardous waste as fertilizers or for land reclamation.

23rd dining, entertainment, hotels and other service companies shall be made in energy and water conservation and other environmentally friendly technology and equipment, reduce the use or do not use consumer goods waste resources and pollute the environment.

24th construction should be conducive to energy and water conservation, environment and resources protection of architectural design, construction and decoration materials, fittings and equipment. Construction and decoration materials must comply with national standards.

A ban on the production, sale and use of toxic and harmful substances exceed national standards of construction and decoration materials.

25th the exploration and mining of mineral resources, should be conducive to the rational use of resources, protecting the environment and pollution prevention exploration and mining methods and technologies, improve resource utilization levels.

26th Enterprise shall, under economically and technically viable conditions for production and service in the process of waste, waste heat recovery on their own or transferred to other companies and individuals to take advantage of the conditions.

27th Enterprise shall, in the process of production and services resource consumption and waste production is monitored, and if necessary, implementation of cleaner production audit for production and services.

Enterprises of one of the following circumstances shall be mandatory implementation of cleaner production audit:

(A) the emissions exceed the national or local standards, or did not exceed the national or local emission standards, but more than the point of total quantity control of pollutants;

(B) exceeds the norm of energy consumption per unit of product standards for high energy consumption;

(C) the use of toxic and hazardous materials in production or emission of toxic and hazardous substances in the production.

Pollutant emissions exceed the emission standards specified in national or local businesses, should be in accordance with the provisions of relevant laws on environmental protection management.

Mandatory implementation of cleaner production audit of enterprise, should the audit results to the local people's Governments above the county level are responsible for the clean production of comprehensive coordinated sectoral report, environmental protection Department, and published in the media in the region, subject to public supervision, but except those involving trade secrets. Relevant departments of the local people's Governments at or above the county level shall supervise the implementation of mandatory implementation of cleaner production audit of enterprise and, if necessary, can be organized to assess the effects of implementing cleaner production inspection and requirements into government budgets at the same level.

Assessing inspection departments or units not to assess acceptance companies charge a fee.

The specific measures for implementation of cleaner production audit, integrated cleaner production coordination by the State Council Department, environmental protection Department, in conjunction with the relevant departments of the State Council. 27th 28th article of the law of article other than enterprise, integrated cleaner production and voluntary coordination Department and environmental protection department signed agreements for further resource conservation and emission reduction.

The integrated cleaner production coordination Department and environmental protection Department of the Enterprise shall be published in the media in the region names as well as resource conservation and pollution prevention achievements.

29th enterprises may, on a voluntary basis, in accordance with the relevant provisions of the environmental management system certification, commissioned by the certification and accreditation administration departments of the State Council accredited certification bodies for certification, improve the level of cleaner production.
  The fourth chapter incentive 30th State shall establish a system of commendation and reward for cleaner production.

Cleaner production units and individuals that have achieved outstanding successes in work, by people's Governments shall give commendations and awards.

31st on cleaner production research, demonstration and training, national implementation of cleaner production key technological transformation projects article 28th of this law and voluntary resource conservation and pollution emissions reduction technology projects set out in the agreement, the people's Governments above the county level shall give financial support.

Article 32nd in the SME Development Fund established in accordance with national provisions should be based on the need to schedule an appropriate amount to support SMEs in the implementation of cleaner production.

Article 33rd of waste and recovery of raw materials from waste products, in accordance with relevant State regulations, enjoy tax breaks.

34th for cleaner production auditing and training costs could be included in the cost of doing business.
  The fifth chapter legal liability

35th integrated cleaner production coordination department or other departments did not perform their duties in accordance with the provisions of this law, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions.

36th article violates this law article 17th paragraph, failing to publish energy consumption or production, emissions of key pollutants, coordinated by the local people's Governments at or above the county level shall be responsible for the clean production sectors, environmental protection departments in accordance with the Division of duties ordered released, may be fined not more than 100,000 yuan.

The 37th article violates this law article 21st, without material composition of the product marked truthfully or not, by the local people's Governments at or above the county level quality and technology supervision departments rectification; refuses and fined 50,000 yuan fine.

38th in violation of article 24th of this law stipulates that the production and sale of poisonous and harmful substances exceed national standards of construction and decoration materials, in accordance with the product liability law and the relevant provisions of the civil and criminal law, accountability for administrative, civil and criminal liability.

39th article violation this method 27th article second paragraph, and fourth paragraph provides, not implementation mandatory clean production audit or in clean production audit in the fraud of, or implementation mandatory clean production audit of enterprise not report or not truthfully report audit results of, by County above place Government is responsible for clean production integrated coordination of sector, and environmental protection sector according to duties Division ordered deadline corrected; refused to corrected of, sentenced 50,000 yuan above 500,000 yuan following of fine.

This method prescribed in the fifth paragraph of the 27th article, assessing inspection departments or units and their staff to assess acceptance companies charge a fee, not an honest assessment and acceptance or fraud in the assessment and acceptance of, or taking advantage of his position to seek benefits, directly responsible in charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated according to law.
  The sixth chapter supplementary articles

 40th article this law shall enter into force on January 1, 2003.