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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
People's Republic of China cleaner production promotion law of People's Republic of China cleaner production promotion law (June 29, 2002 adopted at the 28th session of the Standing Committee of the ninth) contents chapter I General provisions chapter II the implementation of cleaner production cleaner production implementation of the fourth chapter Chapter incentive fifth chapter legal liability sixth chapter supplementary articles article I of chapter I General provisions in order to promote cleaner production, improve the efficiency of resource use, reducing and avoiding pollution Pollutants, protect and improve the environment, protect human health, 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. Fourth State encourages and promotes clean production. State Council and local people's Governments at or above the county level, cleaner production should be incorporated into the national economic and social development plan, resource utilization and environmental protection, industrial development and regional development planning. Article fifth trade and economic administrative departments under the State Council is responsible for organizing and coordinating national cleaner production promotion. Environmental protection, planning, science and technology, agriculture, construction, water conservancy administrative departments for quality and technical supervision, 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. Economic and trade administrative departments of local people's Governments at or above the county level shall organize and coordinate the promotion of cleaner production work in the administrative area. Local people's Governments at or above the county level environmental protection, planning, science and technology, agriculture, construction, water conservancy and the administration of quality and technical supervision departments, in accordance with their respective responsibilities, responsible for the promotion of cleaner production. Sixth State encourages international cleaner production with scientific research, technological development and international cooperation organizations, knowledge, popularize clean production, promote clean production technologies. State encourages social organizations and the general public to participate in the production of propaganda, education, promotion, implementation and monitoring. Cleaner production implementation of the seventh chapter of the State Council shall formulate implementing clean production in fiscal and tax policy. And the relevant administrative departments under 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. Eighth people's Governments above the county level trade and economic administrative departments, shall, together with the protection of the environment, planning, science and technology, agriculture, construction, water conservancy and other relevant administrative departments to develop cleaner production implementation planning. Nineth respective administrative areas and local people's Governments at or above the county level should be rationally planned economic layout, adjusting the industrial structure, develop recycling economy and promote cooperation in such areas as resources and comprehensive utilization of waste materials and achieve efficient use and recycling of resources. Tenth of the State Council and the Governments of provinces, autonomous regions and municipalities directly under the economic and trade, environmental protection, planning, science and technology, agriculture and other relevant administrative departments should organize and support the establishment of cleaner production information system and technical advisory services, to serve the community about cleaner production methods and technologies, recycling of waste supply and cleaner production policy, information and services. 11th economic and trade Administrative Department under the State Council in conjunction with the relevant Administrative Department regularly publishes cleaner production technologies, processes, equipment and products Guide Directory. State Council and provinces, autonomous regions and municipalities trade and economic administrative departments and environmental protection, agriculture, construction and other relevant administrative departments organized the compilation of industry or regional cleaner production guidelines and technical manuals to guide 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. Trade and economic administrative departments of the State Council in conjunction with the relevant administrative departments under the State Council to develop and publish deadlines out of production technologies, processes, equipment and products directory. 13th State Council needed approval by the administrative department concerned to establish energy saving, water conservation, waste reuse, environmental and resource protection product labels and corresponding standards prescribed by the State. 14th people's Governments above the county level science and technology Administrative Department and other relevant administrative 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 administrative departments under the State Council, should be cleaner production technology and management courses in higher education, vocational education and training system. Competent administrative departments of people's Governments at above county level shall organize the clean production of awareness-raising and training, improve national staff, 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 environmental protection Administrative Department of the people's Governments of provinces, autonomous regions and municipalities, should strengthen the supervision of cleaner production implementation; according to the need to promote cleaner production, according to the emission of pollutants, on the local media regularly released pollutants exceeding emissions total emissions or pollutants exceeding the prescribed limits the list of heavily-polluting enterprises, provide the basis for public monitoring of enterprises to implement cleaner production. Chapter III implementation of cleaner production article 18th, renovation and expansion projects 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. 19th article enterprise in for technology process in the, should take following clean production measures: (a) used nontoxic, and harmless or low HIV, and low victims of raw materials, alternative toxicity big, and against serious of raw materials; (ii) used resources utilization high, and pollutants produced volume less of process and equipment, alternative resources utilization low, and pollutants produced volume more of process and equipment; (three) on production process in the produced of waste, and wastewater and heat, for utilization or cycle using; (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. Enterprise products should be reasonable packaging, reducing the excessive use of packaging materials and packaging waste generation. 21st production of large mechanical and electrical equipment, motor vehicles and other products specified by the competent administrative Department of the State Council economic and trade enterprises shall, in accordance with the standardization of administrative authorities or their authorized agencies to formulate 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. Article 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 production and sales are included in the compulsory recycling directory of products and packaging businesses, must be scrapped and packaging used for the product and packaging material for recycling. Compulsory recycling directory of products and packaging, and specific measures, enacted by the competent administrative Department of the State Council economic and trade. Countries listed in the compulsory recycling directory of products and packaging, the implementation of economic measures conducive to recycling; economic and trade administrative departments of local people's Governments at or above the county level should be checked on a regular basis the compulsory recycling products and the implementation of the packaging, and check the results to the public in a timely manner. Specific measures shall be formulated by the competent administrative Department of the State Council economic and trade. 28th 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. Pollutant emissions exceed national and local emission standards or approved by the relevant local people's Government more than the index of total quantity control of pollutants enterprises, implementation of cleaner production audit. The use of toxic and hazardous materials in production or discharge of toxic and hazardous substances in the production business, shall periodically conduct cleaner production audits and the audit results reports of local people's Governments at or above the county level, where environmental protection Administrative Department and Department for Economics and trade. Cleaner production audit approach by the competent administrative Department of the State Council economic and trade in conjunction with the competent administrative Department of environmental protection. Article 29th in emissions reached national and local emission standards based on the voluntary and responsible for economic and trade Administrative Department and the Administrative Department of environmental protection signed further resource conservation and pollution emissions reduction agreement. The trade and economic administrative departments and the Administrative Department of environmental protection shall be published in the local media that the company names as well as resource conservation and pollution prevention achievements. Article 30th may, on a voluntary basis, in accordance with the relevant provisions of the environmental management system certification, to the certification and accreditation administration authorized certification bodies for the certification, environmental management system certification, improve the level of cleaner production. Article 17th 31st according to the law, included in the list of heavily-polluting enterprises business, shall, in accordance with the provisions of environmental protection Administrative Department under the State Council released emissions of the main pollutants, subject to public supervision. Fourth chapter incentive 32nd 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. Article 33rd on cleaner production research, demonstration and training, national implementation of cleaner production key technological transformation projects article 29th of this law and voluntary cuts in emissions technology projects set out in the agreement, included in the State Council and relevant local people's Governments at or above the county level financial arrangements support range of special funds for technological progress. Article 34th 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. 35th on waste production and recovery of raw materials from waste, the tax authorities in accordance with the relevant provisions of the State, reduced or exempted from value-added tax. Article 36th expenses incurred for cleaner production auditing and training, could be included in the cost of doing business. Fifth chapter legal liability article 21st 37th article violates this law, without material composition of the product marked truthfully or not, local people's Governments at or above the county level Department of quality and technical supervision administration rectification; refuses, 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 27th article violates this law, not products or packaging recycling obligations, economic and trade administrative departments of local people's Governments at or above the county level rectification; refuses, a fine of 100,000 yuan fine. 40th article violates this article 28th of the Act specified in the third paragraph, or not to implement cleaner production audit is audited but not truthfully report audit results, local environmental protection Administrative Department of the people's Government at or above the county level rectification; refuses, a fine of 100,000 yuan fine. 41st article violates this law article 31st, not published or does not comply with the requirements to declare emissions of pollutants, published by the local environmental protection Administrative Department of the people's Government at or above the county level, and may be fined not more than 100,000 yuan.     The sixth chapter supplementary articles article 42nd this law shall enter into force on January 1, 2003.