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Law of the Peoples Republic of China on Promotion of Cleaner Production中华人民共和国清洁生产促进法

2009-03-24 法律英语 来源:互联网 作者:

(adopted at the 28th Meeting of the Standing Committee of the Ninth National People's Congress on June 29,2002)

颁布日期:20020629  实施日期:20030101  颁布单位:全国人大常委会

  Chapter Ⅰ General Provisions

  Chapter Ⅱ Popularization of Cleaner Production

  Chapter Ⅲ Implementation of Cleaner Production

  Chapter Ⅳ Incentive Measures

  Chapter Ⅴ Legal Responsibility

  Chapter Ⅵ Supplementary Provisions

  Order of the President of the People's Republic of China

  No. 72

  The Law of the People's Republic of China on Promotion of Cleaner Production, adopted at the 28th Meeting of the Standing Committee of the Ninth National People's Congress of People's Republic of China on June 29,2002, is hereby promulgated and shall go into effect as of January 1,2003.

  Jiang Zemin

  President of the People's Republic of China

  June 29,2002

  Chapter Ⅰ General Provisions

  Article 1 This Law is enacted for the purpose of promoting cleaner production, increasing the utilization ratio of resources, reducing and preventing pollutant-generating, protecting and improving the environment, protecting human health, and promoting the sustainable development of the economy and society.

  Article 2 For purposes of this Law, cleaner production means, by continuous adopting measures to improve designing, use cleaner energy and raw materials, introduce advanced techniques and equipment, improve management and make comprehensive use of resources as well as other measures, to reduce pollution from its source, increase the utilization ratio of resources, reduce or prevent the generation and discharge of pollutants in the course of production, services and of products, in order to alleviate or eliminate harm to human health and the environment.

  Article 3 Within the territory of the People's Republic of China, units engaged in production and service activities and the departments engaged in administration of such activities shall, in accordance with the provisions of this Law, organize efforts to implement cleaner production.

  Article 4 The State encourages and promotes cleaner production. The State Council and the local people's governments at or above the county level shall incorporate cleaner production into their plans for national economic and social development and plans for environment protection, recourses utilization, industrial development, regional development, etc.

  Article 5 The administrative department for the economy and trade under the State Council shall be responsible for organizing efforts to coordinate the work of promoting cleaner production nationwide. The administrative departments under the State Council for environment protection, planning, science and technology, agriculture, construction, water resources and technical supervision over quality shall, within their respective functions and responsibilities, be responsible for the relevant work of promoting cleaner production.

  The local people's governments at or above the county level shall be responsible for directing the work of promoting cleaner production within their won administration areas. The administrative departments for the economy and trade under the said people's governments shall be responsible for organizing efforts to coordinate the work of promoting cleaner production within their win administrative areas. The administrative departments under the said people's governments for environment protection, planning, science and technology, agriculture, construction, water resources and technical supervision over quality shall, within their respective functions and responsibilities, be responsible for the relevant work of promoting cleaner production.

  Article 6 The State encourages scientific research, technological development and international cooperation in the field of cleaner prod

uction, 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 promotion of, education in, popularization and implementation of and supervision over cleaner production.

  Chapter Ⅱ Popularization of Cleaner Production

  Article 7 The State Council shall formulate financial and taxation policies for the benefit of implementation of cleaner production.

  The State Council, the relevant administrative departments under it and the people's governments or provinces, autonomous regions and municipalities directly under the Central Government shall formulate industrial policies and policies for technological development and popularization for the benefit of implementation of cleaner production.

  Article 8 The administrative departments for the economy and trade under the local people's governments at or above the county level shall, together with the relevant administrative departments for environment protection, planning, science and technology, agreculture, construction, water resources, etc., formulate plans for popularization of cleaner production.

  Article 9 The local people's governments at or above the county level shall make rational plans for the economic layout within their own administrative areas, readjust industrial structures, develop cycling economic sectors and promote cooperation among enterprises in the comprehensive use of recourses and waste materials and in other fields, in order to realize highly effective use and recycling of resources.

  Article 10 The administrative departments for the economy and trade, environment protection, planning, science and technology, agriculture and other relevant administrative departments under the State Council and under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize efforts to support the establishment of an information system for cleaner production and a system for technical consultancy, in order to provide information and services in respect of the methods and technologies for cleaner production, supply and demand of recyclable waste, policies for cleaner production, etc.

  Article 11 The administrative department for the economy and trade under the State Council shall, together with related administrative departments under the State Council, regularly publish directories on technologies, techniques, equipment and products for cleaner production.

  The administrative departments for the economy and trade, environment protection, agriculture and construction and other departments concerned under the State Council and under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize efforts to compile guidebooks and technical manuals for cleaner production in respect of certain trades or regions, for the purpose of guiding the implementation of cleaner production.

  Article 12 With respect to out-dated production technologies, techniques, equipment and products which cause waste of recourses and serious pollution of the environment, the State applies a system of elimination within a time limit. The administrative department for the economy and trade under the State Council shall, together with the other related administrative departments under the State Council, compile and publish catalogues of technologies, techniques, equipment and products to be eliminated within a time limit.

  Article 13 The relevant administrative departments under the State Council may, where necessary, grant approval to marks for products made for the benefit of environment and resources protection, such as energy-or water-conservation products and products made out of recycled waste, and they shall lay d

own corresponding standards according to State regulations.

  Article 14 The administrative departments for science and technology and other relevant administrative departments under the local people's governments at or above the county level shall provide guidance to and support research in and development of technologies for cleaner production and products conducive to protection o f the environment and resources and the demonstration and wide use of technologies for cleaner production.

  Article 15 The administrative department for education 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 administrative departments under the local people's governments at or above the county level shall organize efforts to disseminate knowledge about cleaner production and conduct training in this area, in order to enhance the awareness of the importance of cleaner production among government functionaries, enterprise managers and the general public and train managerial and technical personnel for cleaner production.

  The press, publishing, radio, films, 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.

  People's governments at various levels shall, through promotion and education or by other means, encourage the general public to purchase and use energy-and water-conser

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