People's Republic of China Clean Production Promotion Law

(Adopted at the twenty-eighth meeting of the Standing Committee of the Ninth National People's Congress on June 29, 2002)

The Law of the People's Republic of China on Cleaner Production Promotion was adopted by the 28th meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on June 29, 2002. It is hereby promulgated, since January 1, 2003. Implementation.
President Jiang Zemin of the People's Republic of China June 29, 2002 Catalogue Chapter I General Provisions Chapter II Implementation of Cleaner Production Chapter III Implementation of Cleaner Production Chapter IV Incentive Measures Chapter V Legal Responsibility Chapter VI Supplementary Provisions Chapter I General Provisions This Law is enacted to promote cleaner production, improve resource utilization efficiency, reduce and avoid the generation of pollutants, protect and improve the environment, safeguard human health, and promote sustainable economic and social development.
Article 2 The term "clean production" as used in this Law refers to continuous improvement of design, use of clean energy and raw materials, adoption of advanced technology and equipment, improvement of management, and comprehensive utilization, etc., to reduce pollution from the source and improve resource utilization efficiency. Reduce or eliminate the generation and release of pollutants during production, service and product use to mitigate or eliminate harm to human health and the environment.
Article 3 In the territory of the People's Republic of China, units engaged in production and service activities and departments engaged in relevant management activities organize and implement cleaner production in accordance with the provisions of this Law.
Article 4 The State encourages and promotes cleaner production. The State Council and local people's governments at or above the county level shall incorporate clean production into national economic and social development plans as well as environmental protection, resource utilization, industrial development, and regional development.
Article 5 The competent economic and trade administrative department of the State Council shall be responsible for organizing and coordinating the promotion of cleaner production throughout the country. Administrative department of environmental protection, planning, science and technology, agriculture, construction, water conservancy and quality technology supervision of the State Council,
Responsible for the relevant clean production promotion work according to their respective duties.
Local people's governments at or above the county level are responsible for leading the promotion of cleaner production within their respective administrative regions. The economic and trade administrative department of the local people's government at or above the county level shall be responsible for organizing and coordinating the promotion of cleaner production within its administrative region. The administrative departments of environmental protection, planning, science and technology, agriculture, construction, water conservancy and quality and technical supervision of local people's governments at or above the county level shall be responsible for the relevant clean production promotion work in accordance with their respective duties.
Article 6 The State encourages scientific research, technological development and international cooperation on cleaner production, and organizes publicity,
Popularize cleaner production knowledge and promote cleaner production technologies.
The state encourages social groups and the public to participate in the promotion, education, promotion, implementation and supervision of cleaner production.
Chapter II Implementation of Cleaner Production Article 7 The State Council shall formulate fiscal and taxation policies conducive to the implementation of cleaner production.
The State Council and its relevant administrative departments and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate industrial policies, technology development and promotion policies that are conducive to the implementation of cleaner production.
Article 8 The competent economic and trade administrative departments of the people's governments at or above the county level shall, in conjunction with the relevant administrative departments of environmental protection, planning, science and technology, agriculture, construction, and water conservancy, formulate plans for the implementation of cleaner production.
Article 9 The local people's governments at or above the county level shall reasonably plan the economic layout of their administrative regions, adjust the industrial structure, develop a circular economy, and promote cooperation in the fields of comprehensive utilization of resources and wastes to achieve efficient use and recycling of resources. Article 10 The competent administrative departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for economic and trade, environmental protection, planning, science and technology, agriculture, etc. shall organize and support the establishment of a clean production information system and technical advisory service system to provide relevant information to the society. Information and services on clean production methods and technologies, renewable waste supply and demand, and cleaner production policies.
Article 11 The competent economic and trade administrative department of the State Council shall, in conjunction with the relevant administrative departments of the State Council, regularly publish catalogues of clean production technologies, processes, equipment and products.
The State Council and the economic and trade administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the relevant administrative departments of environmental protection, agriculture, construction, etc. organize the preparation of cleaner production guidelines and technical manuals for relevant industries or regions.
Guide the implementation of cleaner production.
Article 12 The State implements a deadline-elimination system for backward production technologies, processes, equipment and products that waste resources and seriously pollute the environment. The competent economic and trade administrative department of the State Council, in conjunction with the relevant administrative department of the State Council, shall formulate and publish a list of production technologies, processes, equipment and products that are phased out within a time limit.
Article 13 The relevant administrative departments of the State Council may, according to their needs, approve the establishment of product marks for environmental protection and resource protection such as energy conservation, water conservation, and waste recycling, and formulate corresponding standards in accordance with state regulations.
Article 14 The administrative department of science and technology of the people's government at or above the county level and other relevant administrative departments shall direct and support the research and development of clean production technologies and products conducive to environmental and resource protection, as well as the demonstration and promotion of clean production technologies. .
Article 15 The administrative department of education under the State Council shall incorporate clean production technology and management courses into relevant higher education, vocational education and technical training systems.
The relevant administrative departments of the people's governments at or above the county level shall organize the promotion and training of cleaner production, raise the awareness of cleaner production of state workers, business managers and the public, and cultivate cleaner production management and technical personnel.
Press and publication, radio, film and television, culture and other units and relevant social organizations should give full play to their respective advantages to do a good job in clean production and publicity.
Article 16 The people's governments at all levels shall give priority to the procurement of products that are conducive to environmental and resource protection, such as energy conservation, water conservation, and waste recycling.
The people's governments at all levels shall encourage the public to purchase and use products that are conducive to environmental and resource conservation, such as energy conservation, water conservation, and waste recycling, through publicity and education.
Article 17 The administrative department of environmental protection of the people's government of a province, autonomous region or municipality directly under the Central Government shall strengthen supervision over the implementation of cleaner production; it may regularly publish pollution in the local major media according to the needs of promoting cleaner production and according to the discharge of pollutants from enterprises. The list of heavily polluting enterprises whose emissions exceed the standard or whose total pollutant discharge exceeds the prescribed limit provides a basis for the public to supervise the implementation of cleaner production.
Chapter III Implementation of Cleaner Production Article 18 New construction, reconstruction and expansion projects shall carry out environmental impact assessment, use of raw materials, resource consumption,
The comprehensive utilization of resources and the generation and disposal of pollutants are analyzed and demonstrated, and clean production technologies, processes and equipment with high resource utilization and low pollutant production are preferred.
Article 19 During the process of technological transformation, an enterprise shall adopt the following clean production measures:
(1) Using non-toxic, harmless or low-toxic, low-harm raw materials to replace raw materials with high toxicity and serious damage;
(2) Adopting processes and equipment with high resource utilization rate and low pollutant production, replacing processes and equipment with low resource utilization rate and large amount of pollutants generated;
(3) Comprehensively utilizing or recycling the waste, waste water and waste heat generated during the production process;
(4) Adopting pollution prevention and control technologies that can meet the national or local regulations on pollutant discharge standards and total pollutant discharge control indicators.
Article 20 The design of products and packaging materials shall take into account their impact on human health and the environment during their life cycle, and priority should be given to non-toxic, harmless, easily degradable or easy to recycle solutions.
Enterprises should properly package products to reduce the excessive use of packaging materials and the generation of packaging waste.
Article 21 An enterprise that produces large-scale electromechanical equipment, motorized transport vehicles and other products designated by the competent economic and trade administrative department of the State Council shall, on the basis of the technical specifications formulated by the standardization administrative department of the State Council or its authorized institution, place a note on the main components of the product. The standard grade of the material composition.
Article 22 Agricultural producers shall scientifically use chemical fertilizers, pesticides, agricultural films and feed additives, improve planting and breeding techniques, realize the high-quality, harmless and agricultural resources of agricultural products, and prevent agricultural environmental pollution.
It is forbidden to use toxic or hazardous waste as fertilizer or for land use.
Article 23 Service enterprises such as catering, entertainment and hotels shall adopt energy-saving, water-saving and other technologies and equipment conducive to environmental protection to reduce the use or non-use of consumer products that waste resources and pollute the environment.
Article 24 Construction projects shall adopt energy-saving and water-saving architectural design schemes, construction and decoration materials, building components and equipment that are conducive to environmental and resource protection.
Construction and decoration materials must comply with national standards. It is prohibited to produce, sell and use construction and decoration materials that are toxic and hazardous materials that exceed national standards.
Article 25 The exploration and exploitation of mineral resources shall adopt exploration, mining methods and technological techniques that are conducive to the rational use of resources, environmental protection and pollution prevention, and improve the level of resource utilization.
Article 26 An enterprise shall, on economic and technically feasible conditions, recycle or transfer wastes and waste heat generated during the production and service process to other enterprises and individuals that have conditions.
Article 27 Enterprises that produce and sell products and packaging materials listed in the mandatory recycling catalogue must recycle the products and packaging materials after the products are scrapped and the packaging materials are used. The catalogue and specific recycling methods for products and packaging that are compulsory to be recycled shall be formulated by the competent economic and trade administrative department of the State Council.
The State shall implement economic measures conducive to recycling and use of products and packaging materials listed in the mandatory recycling catalogue; the competent economic and trade administrative departments of local people's governments at or above the county level shall regularly check the implementation of compulsory recovery products and packaging materials, and promptly report to the society. Publish the inspection results. The specific measures shall be formulated by the economic and trade administrative department of the State Council.
Article 28 An enterprise shall monitor the consumption of resources and the generation of waste in the process of production and service, and conduct clean production audits of production and services as needed.
Enterprises that discharge pollutants exceeding national or local emission standards or exceed the total pollutant discharge control indicators approved by the relevant local people's governments shall conduct clean production audits.
Enterprises that use toxic or hazardous materials for production or emit toxic or hazardous substances in production shall conduct regular clean production audits and report the results of the audit to the local environmental protection administrative department and the economic and trade administrative department of the local people's government at or above the county level. .
The clean production audit method shall be formulated by the economic and trade administrative department of the State Council in conjunction with the environmental protection administrative department of the State Council.
Article 29 On the basis of the pollutant discharges meeting the national and local discharge standards, enterprises may voluntarily sign with the competent economic and trade administrative department and the environmental protection administrative department to further conserve resources and reduce pollutant emissions. Agreement. The economic and trade administrative department and the environmental protection administrative department shall publish the name of the enterprise and the results of resource conservation and pollution prevention in the main local media.
Article 30 An enterprise may, according to the voluntary principle and in accordance with the provisions of the relevant national environmental management system certification, submit an application for certification to a certification body authorized by the national certification and accreditation regulatory authority, and pass the environmental management system certification to improve the level of clean production.
Article 31 According to the provisions of Article 17 of this Law, an enterprise listed in the list of seriously polluting enterprises shall publish the discharge of major pollutants in accordance with the regulations of the administrative department of environmental protection of the State Council and accept public supervision.
Chapter IV Incentive Measures Article 32 The State establishes a commendation and reward system for cleaner production. The units and individuals that have made outstanding achievements in the clean production work shall be commended and rewarded by the people's government.
Article 33 The technical transformation projects specified in the research, demonstration and training of cleaner production, the implementation of the national key technologies for clean production and the voluntary reduction of pollutant discharge provisions stipulated in Article 29 of this Law shall be included in the State Council. And the scope of support for special funds for technological progress at the same level as the local people's government at or above the county level.
Article 34 In the SME Development Fund established in accordance with state regulations, an appropriate amount shall be arranged as needed to support SMEs in implementing cleaner production.
Article 35 For the production of products by waste and the recovery of raw materials from waste, the tax authorities shall reduce or exempt the value-added tax in accordance with relevant state regulations.
Article 36 The expenses of an enterprise for clean production audit and training may be included in the operating costs of the enterprise.
Chapter V Legal Responsibilities Article 37 In case of violation of the provisions of Article 21 of this Law, if the ingredients of the product materials are not marked or are not properly marked,
The competent department of quality and technology supervision of the local people's government at or above the county level shall order it to make corrections within a time limit; if it refuses to make corrections, it shall impose a fine of not more than 50,000 yuan.
Article 38 Whoever violates the provisions of the second paragraph of Article 24 of this Law and produces or sells construction and decoration materials with toxic or hazardous substances exceeding the national standards shall be investigated for administrative purposes in accordance with the provisions of the Product Quality Law and relevant civil and criminal laws. ,
Civil and criminal legal responsibility.
Article 39 Whoever fails to comply with the provisions of the first paragraph of Article 27 of this Law and fails to perform the obligation to recycle products or packaging materials,
The economic and trade administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit; if it refuses to make corrections, it shall impose a fine of less than 100,000 yuan.
Article 40 In case of violation of the provisions of the third paragraph of Article 28 of this Law, if the clean production audit is not implemented or the audit results are not reported, the environmental protection administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit;
Those who refuse to make corrections shall be fined not more than 100,000 yuan.
Article 41 Anyone who violates the provisions of Article 31 of this Law and does not publish or fails to publish the discharge of pollutants according to the regulations shall be promulgated by the environmental protection administrative department of the local people's government at or above the county level, and may be concurrently under 100,000 yuan. Fine.
Chapter VI Supplementary Provisions Article 42 This Law shall come into force on January 1, 2003.

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