Law of the People's Republic of China on the Promotion of Clean Production (Revised in 2012)
(Adopted at the 28th session of the Standing Committee of the 9th National People's Congress on June 29, 2002, and revised according to the Decision on Revising the Law of the People's Republic of China on the Promotion of Cleaner Production passed at the 25th session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on February 29, 2012)
Chapter 1 General Provisions
Article 1 This Law is enacted for the purpose of promoting clean production, raising the efficiency of utilizing resources, reducing and avoiding the production of pollutants, protecting and improving the environment, safeguarding human health, and promoting the sustainable development of the economy and society.
Article 2 The term "clean production" as mentioned in this Law refers to reducing pollution from its source, raising the efficiency of utilizing resources, reducing or avoiding the production and emission of pollutants in the process of production, services and using products by means of incessantly improving designs, using clean energy and raw materials, adopting advanced techniques, technologies and equipment, improving management, making comprehensive utilizations, and other measures so as to alleviate or eliminate the harm done to the health of the human being and the environment.
Article 3 Within the territory of the People's Republic of China, entities engaged in production and service activities and the departments engaged in relevant administration shall, in accordance with the provisions of this Law, organize efforts to implement cleaner production.
Article 4 The State encourages and promotes clean production. The State Council and the local people's governments on the county level and above shall incorporate the work of promoting clean production into the programs of national economic and social development and the annual plans as well as the plans of environmental protection, utilization of resources, industrial development, and regional development, etc.
Article 5 The general conciliation department of clean production under the State Council shall be responsible for organizing and conciliating the promotion of clean production within the whole country. The administrative departments under the State Council in charge of environmental protection, industry, science and technology, finance and other related fields shall, according to their respective functions and responsibilities, be responsible for the relevant PCP.
The Local Governments shall be in charge of directing the PCP under their respective administrative jurisdictions. The general conciliation department of clean production of the local people's governments at the county level and above shall be responsible for organizing and conciliating the promotion of clean production within their respective administrative jurisdictions. Other relevant departments of the Local Governments shall be responsible for the relevant PCP subject to their respective functions and responsibilities.
Article 6 The State encourages scientific research, technological development and international cooperation in the field of cleaner production, organizes efforts to disseminate knowledge about cleaner production and spreads the use of technologies for cleaner production.
The State encourages public organizations and the general public to participate in the publicity, education, promotion, implementation and supervision of clean production.
CHAPTER 2 PROMOTION OF CLEANER PRODUCTION
Article 7 The State Council shall formulate financial and taxation policies that can contribute to the implementation of clean production.
The State Council, the relevant departments under it and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate industrial and technological development and promotion policies that can contribute to the implementation of cleaner production.
Article 8 The general conciliation department of clean production under the State Council shall, in collaboration with the administrative departments of environmental protection, industry and science and technology, etc. under the State Council, and according to the programs of national economic and social development and the State's requirements for resources conservation, reduction in consumption of energy sources and reduction in emissions of major pollutants, work out national plans for the promotion of clean production that shall be timely issued after being submitted to the State Council for approval.
The national plans for the promotion of clean production shall include the goal of promoting clean production, major tasks and measures, and the key fields, industries and projects in which clean production will be carried out according to consumption of resources and energy sources and the emission level of pollutants.
The competent departments under the State Council in charge of the concerned industries shall, according to the national PSCP, identify their key projects in the clean production, formulate and organize to implement their special industrial PSCP.
The local people's governments at the county level and above shall, according to the national plans for the promotion of clean production and the relevant special industrial plans for the promotion of clean production, and as required for resources conservation, reduction in consumption of energy sources and reduction in emissions of major pollutants in their administrative regions, determine the major projects for clean production in their administrative regions, and work out and organize the implementation of the plans for the promotion of clean production.
Article 9 The capital contribution to the PCP from the budget of central government (the "BCG") shall be enhanced, including the special capital and other capital for cleaner production from the BCG, to support the implementation and promotion of cleaner production in the key fields, industries and projects defined by the national PSCP, and to implement the cleaner production projects in the ecologically fragile areas. The specific measures for the use of the funds under the central budget in support of the promotion of clean production shall be formulated by the finance department and the general conciliation department of clean production under the State Council, in collaboration with the competent departments under the State Council.
The Local Governments shall plan the capital contribution to the PCP from the local financial budget as a whole, and guide the public funds to support the key projects in the clean production.
Article 10 The competent departments of the State Council as well as the provinces, autonomous regions and municipalities directly under the Central Government shall organize and support the establishment of information systems for the promotion of clean production and systems of technological consultation services so as to provide to the general public the methods and technologies of clean production, information and services concerning the demand and supply of reproducible wastes, and the policies concerning clean production, etc.
Article 11 The general conciliation department of clean production under the State Council shall, in collaboration with the competent departments of environmental protection, industry, science and technology, construction and agriculture, etc. under the State Council, regularly publish directories on technologies, techniques, equipment and products for clean production.
The general conciliation department of clean production and the environmental protection department under the State Council and the general conciliation departments of clean production and the environmental protection departments of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government shall, in collaboration with the competent departments at the corresponding level, organize the preparation of the guidance on clean production for major industries or regions, so as to guide the implementation of clean production.
Article 12 The production technologies, techniques, equipments and products that are lagging behind, wasting resources or seriously polluting the environment shall be eliminated during prescribed time periods. The competent departments under the State Council shall, according to their respective functions and duties, formulate and publish catalogues of the production technologies, techniques, equipment and products to be eliminated within the prescribed time periods.
Article 13 The relevant departments under the State Council may, where necessary, grant approval to marks for products made for environment and resources protection, such as energy- or water-conservation products and products made out of recycled waste, and they shall lay down corresponding standards according to the State regulations.
Article 14 The departments in charge of science and technology and other relevant departments under the Local Governments shall guide and support the research in the development of technologies for cleaner production and products conducive to protection of the environment and resources and the demonstration and wide use of technologies for cleaner production.
Article 15 The education department under the State Council shall incorporate the courses of cleaner production technology and management into the related systems of higher education, vocational education and technical training.
The relevant departments under the Local Governments shall organize to disseminate knowledge about cleaner production, give training in this area, to enhance the awareness of cleaner production among government functionaries, enterprise administrators and the general public, and train managerial and technical personnel for cleaner production.
The press, publishing, radio, film, television and cultural institutions and relevant public organizations shall give play to their own advantages and make a success of promotion for cleaner production.
Article 16 People's governments at various levels shall give first priority to purchasing energy- and water-conservation products and products made out of recycled waste which are conducive to protection of the environment and resources.
The people's governments at each level shall, by way of promotion, education or other means, encourage the general public to purchase and use energy and water conserving products, recycled products or other environmental friendly products.
Article 17 The general conciliation departments of clean production and the environmental protection departments of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government shall, according to the demand of promoting clean production, publish the names of enterprises whose consumption of energy sources or emission of major pollutants has surpassed the prescribed limits in the local major mass media, so as to provide a basis for the general public to supervise the implementation of clean production by the enterprises.
The enterprises included into the said list shall, according to the provisions of the general conciliation department of clean production and the environmental protection department of the State Council, publish the information on their consumption of energy sources or generation and emission of major pollutants, so as to be subject to the supervision of the public.
Chapter III Implementation of Cleaner Production
Article 18 For the projects of new building, rebuilding and expanded building, appraisals shall be made with regard to their effects upon the environment, analytical argumentations shall be made about the use of raw materials, consumption of resources, comprehensive utilization of resources, and the generation and disposal of pollutants, etc., and priority shall be placed on the adoption of clean production technologies, techniques and equipment that have high use rate of resources and generate few pollutants.
Article 19 Enterprises shall, in their technological renovations, adopt the following clean production measures:
1. replacing highly toxic and harmful raw materials with nontoxic, harmless or less toxic and harmful ones;
2. replacing techniques and equipment which serve to make less effective use of resources to generate greater amount of pollutants with ones which serve to make highly effective use of resources and generate pollutants;
(III) making comprehensive or cycle use of solid waste and waste water and heat discharged in the course of production; and
(IV) adopting pollution prevention technologies being able to meet the national or local pollutant discharge standards and total pollutant discharge control targets;
Article 20 For the design of products and packages, the effects thereof upon the health of the human beings and the environment within their life cycles shall be taken into consideration, and priority shall be placed on products and packages that are innocuous, harmless, easily degradable and convenient for recurrent utilization.
The enterprises shall package their products in reasonable ways, and the materials, structure and costs of the packages shall correspond to the quality, specifications and costs of the products in the packages, so as to reduce the generation of packaging waste and the excessive use of packaging materials.
Article 21 Enterprises producing large mechanical and electrical equipment, motor-driven means of transport and other products designated by the industrial department under the State Council shall, in adherence to the technical specifications laid down by the department for standardization under the State Council or the institutions authorized by it, indicate the standard brands of the material composition on the principal parts of the products.
Article 22 Agricultural producers shall use chemical fertilizers, pesticides, agricultural film and feed additives in a scientific way and improve planting and breeding technologies, so as to produce quality and harmless agricultural products, turn agricultural waste into resources, and prevent the agricultural environment from pollution.
It shall be prohibited to use noxious or harmful wastes as fertilizers or for cultivating new farmland.
Article 23 The service enterprises such as restaurants, entertainment, hotels, etc. shall use the technologies and equipments that are good for saving energy, water and other environmental protection purposes, reduce or stop the use of consumer goods that waste resources or pollute the environment.
Article 24 For construction projects, the construction designs and schemes, construction and decoration materials, construction component parts and equipments used shall be good for the protection of the environment and resources.
Construction and decoration materials shall conform to the norms of the State. It shall be prohibited to produce, sell and use noxious or harmful construction and decoration materials that have surpassed the national standards.
Article 25 In prospecting and exploiting mineral resources, it is required to use the methods, techniques and technologies conducive to rational use of resources, environmental protection and prevention of pollution for better use of resources.
Article 26 Enterprises shall, if possible in financial and technological conditions, retrieve wastes and waste heat discharged in the production and services, or transfer them to other enterprises or individuals with the required capability.
Article 27 Enterprises shall monitor the consumption of resources and discharge of waste in the production and services and, where necessary, examine whether their production and services achieve the cleaner production.
Any enterprise under any of the following circumstances shall implement the compulsory clean production check:
1. discharge pollutants in excess of the norms specified by the State or local authorities, or not exceeding the above norms but exceeding the total controlling indicator of the main pollutants discharge;
2. exceed the limited energy-consumption standards for unit products and constitute high energy-consumption;
3. use toxic or harmful raw materials in production or discharge toxic or harmful substances in the course of production.
Any enterprise that has emission of pollutants that exceeds the national or local standards shall harness the pollution in accordance with the relevant laws on environmental protection.
Any enterprise that implements the compulsory clean production check shall report the results of the check to the general conciliation department of clean production and the environmental protection department of the local people's government at the county level or above, and publish the results in the local major media, so as to be subject to the supervision of the public, except for those involving business secrets.
The competent departments of the local people's governments at the county level or above shall supervise the enterprises that implement the compulsory clean production check, and if necessary, may organize the appraisal and inspection on the results of implementation of clean production, with the expenses to be included into the budget of the government at the corresponding level. The departments or entities in charge of the said appraisal and inspection shall not charge any fees from the enterprises subject to appraisal and inspection.
The specific measures for reviewing clean production shall be formulated by the GCDCP and the environmental protection department under the State Council together with its relevant departments.
Article 28 The enterprises other than those as stipulated in Paragraph 2 of Article 27 of this Law may, on the basis of willingness, enter into agreements with the GCDCP and the environmental protection departments for further saving resources and reducing the emission of pollutants. The said general conciliation departments of clean production and the environmental protection departments shall publish the names of the said enterprises and the achievements of saving resources and preventing and controlling pollution in the local major mass media.
Article 29 The enterprises may, on the basis of willingness and according to the provisions of the State concerning the authentication of environmental management systems and other relevant provisions, entrust the authentication institutions acknowledged by the supervision and administration department for authentication ratification under the State Council to conduct authentication, so as to improve their clean production.
Chapter 4 Encouragement Measures
Article 30 The State establishes a commending and awarding system for cleaner production. The entities and individuals that have made outstanding achievements in the work of clean production shall be commended and awarded by the people's government.
Article 31 The research, demonstration and training projects of clean production, the national technological renovation projects for implementing clean production as well as the technological renovation projects that have been specified in the agreements for voluntarily conserving resources and reducing the emission of pollutants concluded according to the provisions of Article 28 of this Law shall be funded by the people's government at the county level or above.
Article 32 An appropriate amount shall, where necessary, be set aside from the funds established for developing small and medium-sized enterprises in accordance with State regulations, to support such enterprises in their efforts to implement cleaner production.
Article 33 Enterprises which use waste materials or recover raw materials from waste in accordance with the law shall enjoy preferential tax treatment in accordance with State regulations.
Article 34 The expenses of the enterprises for the check and training of clean production may be taken as operational costs of the enterprises.
Chapter 5 Legal Liabilities
Article 35 Where the general conciliation departments of clean production or other competent departments fail to perform their functions and duties according to this Law, the managers directly in charge and other persons directly liable shall be punished according to law.
Article 36 Any entity that violates the provisions of Paragraph 2 of Article 17 of this Law by failing to publish according to the prescribed requirements its consumption of energy sources or generation and emission of major pollutants shall be ordered to publish the same by the general conciliation department of clean production and the environmental protection department of the local people's government at the county level or above according to their respective functions and duties, and may be imposed with a fine of not more than 100,000 yuan.
Article 37 Where an enterprise, in violation of Article 21 of this Law, fails to indicate the composition of product materials or indicates the same untruthfully, the department for quality and technical supervision of the local people's government at or above the county level shall instruct it to rectify within a time limit; if it refuses to do so, it shall be fined not more than 50,000 yuan.
Article 38 Any one who violates the provisions of paragraph 2 of Article 24 of the present law by producing or selling noxious or harmful construction or decoration materials that surpass the national standards shall be subject to administrative, civil or criminal liabilities according to the product quality law and other civil and criminal statutory provisions.
Article 39 Any entity that violates the provisions of Paragraphs 2 or 4 of Article 27 of this Law by failing to implementing compulsory clean production checks or making falsification in clean production checks, failing to report or truthfully report the result of checks although the compulsory clean production checks are implemented, shall be ordered by the general conciliation department of clean production and the environmental protection department of the local people's government at the county level or above to make rectification within a prescribed time period. If it refuses to make such rectification, it shall be fined not less than 50,000 yuan but not more than 500,000 yuan.
Where a department or entity or its personnel dealing with the evaluation and inspection, in violation of Paragraph 5 of Article 27 of this Law, charge an enterprise under evaluation and inspection a fee, make false evaluation or inspection, or seek personal gain by taking advantage of its post, its directly responsible directors and other directly responsible persons shall be given sanctions according to the law; if a crime is constituted, criminal liability shall be investigated according to the law.
Chapter 6 Supplementary Provisions
Article 40 This Law shall go into effect as of January 1, 2003.