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中华人民共和国节约能源法 ENERGY CONSERVATION LAW OF THE PEOPLES REPUBLIC OF CHINA

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 Eighth National People's Congress on November 1, 1997 and promulgated by Order No. 90 of the President of the People's Republic of China on November 1, 1997)
颁布日期:19971101  实施日期:19980101  颁布单位:全国人大常委会

  Contents

  Chapter I General Provisions

  Chapter II Energy Conservation Administration

  Chapter III Rational Energy Utilization

  Chapter IV Technological Progress in Energy Conservation

  Chapter V Legal Liability

  Chapter VI Supplementary Provision

  Chapter I General Provisions

  Article 1 This Law is enacted with a view to promoting energy conservation in the whole society, improving energy utilization and economic performance, protecting the environment, ensuring national socio-economic development and satisfying the requirements of people's livelihood.

  Article 2 The energy resources referred to in this Law mean coal, crude oil, natural gas, electricity, coke, coal gas, thermal power, finished petroleum products, liquefied petroleum gas, biological energy and all other resources from which useful energy is obtained directly or through processing or transformation.

  Article 3 The energy conservation referred to in this Law means the strengthening of energy utilization administration, adoption of measures which are technologically feasible, economically rational and bearable to the environment and society, reduction in losses and waste in all links from energy production to consumption and more efficient and rational utilization of energy resources.

  Article 4 Energy conservation constitutes a long-term strategic policy in the nation's economic development.

  The State Council and people's governments of provinces, autonomous regions and municipalities directly under the Central Government should step up the energy conservation work, rationally adjust industrial structures, enterprise structures, product structures and energy consumption structure, promote technological progress in energy conservation, reduce energy consumption per unit of output value and energy consumption per unit of product, improve development, processing and transformation, transportation or transmission and supply of energy, gradually improve energy utilization and promote the energy-saving type development of the national economy.

  The State encourages development and utilization of new energy resources and renewable energy resources.

  Article 5 The State formulates the energy conservation policy, compiles the energy conservation plan and integrates it into the national socio-economic development plan, ensures rational utilization of energy resources and coordinates it with economic development and environmental protection.

  Article 6 The State encourages and supports the research and dissemination of energy conservation science and technology, steps up publicity and education in energy conservation, popularizes the scientific knowledge of energy conservation and enhances the awareness of the whole people in energy conservation.

  Article 7 All units and individuals shall fulfil the obligations of energy conservation and have the right to report the acts of wastefulness in energy resources.

  People's governments at all levels shall reward units and individuals having scored prominent achievements in energy conservation or research and dissemination of energy conservation science and technology.

  Article 8 The department regulating energy conservation work under the State Council takes charge of the work of energy conservation supervision and administration nationwide. The departments concerned under the State Council shall be responsible for the work of energy conservation supervision and administration within the scope of their respective functions and responsibilities.

  The departments regu

lating energy conservation work of local people's governments at or above the county level shall take charge of the work of energy conservation supervision and administration within their respective administrative areas. The departments concerned of local people's governments at or above the county level shall be responsible for the work of energy conservation supervision and administration within the scope of their respective functions and responsibilities.

  Chapter II Energy Conservation Administration

  Article 9 The State Council and local people's governments at all levels shall strengthen the leadership on the energy conservation work and go in for disposition, coordination, supervision, inspection and promotion of the energy conservation work every year.

  Article 10 The State Council and people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, pursuant to the policy of putting equal stress on economy of energy and development of energy resources and giving top priority to energy conservation, and on the basis of comparative authentication of technology, economy and the environment of energy conservation and development of energy resources, select investment projects in energy conservation and development of energy resources on merit and formulate the energy investment plan.

  Article 11 The State Council and people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall arrange energy conservation funds in the funds for capital construction and technological transformation to be used in support of rational utilization of energy and development of new energy resources and renewable energy resources.

  Municipal and county people's governments shall arrange energy conservation funds in the light of actual conditions to be used in support of rational utilization of energy and development of new energy resources and renewable energy resources.

  Article 12 The feasibility study of an investment project with fixed assets shall include a specific authentication on rational energy utilization.

  The design and construction of the investment project with fixed assets shall comply with standards for rational energy utilization and energy-saving design standards.

  The examination and approval organ shall not approve the construction in accordance with law of a project which fails to meet the standards for rational energy utilization and energy-saving design standards; no acceptance checks of the project failing to meet the standards for rational energy utilization and energy-saving design standards shall be conducted.

  Article 13 New construction of energy-guzzling industrial projects with obsolete technologies and heavy waste of energy resources shall be prohibited. The catalogue and specific measures for the banning of new construction of energy-guzzling industrial projects shall be worked out by the department of energy conservation administration under the State Council in conjunction with the departments concerned under the State Council.

  Article 14 The competent administrative department of standardization under the State Council shall formulate the state standards for energy conservation.

  In the case of no state standards as prescribed in the preceding paragraph, the departments concerned under the State Council may formulate relevant trade energy-saving standards and submit them to the competent administrative department of standardization under the State Council for the record.

  The energy-saving standards to be formulated shall be technologically state-of-the-art and economically rational which shall be constantly perfected and improved.

  Article 15 The department of energy conservation administration under the State Council shall, in conjunction with the departments concerned under the State Co

uncil, step up supervision over the trades producing wide-ranging massive energy-consuming products, urge them to take energy-saving measures and make efforts to upgrade product design and manufacturing technology and gradually reduce the energy consumption per unit of product of the respective trades.

  Article 16 The departments of energy conservation administration of people's governments at or above the provincial level shall, in conjunction with the departments concerned at the corresponding level, formulate ceilings for energy consumption per unit of product for products guzzling energy in the process of production. Formulation of ceilings for energy consumption per unit of product should be scientific and rational.

  Article 17 The State practises the elimination system of outmoded energy guzzling products and equipment.

  The catalogue of energy-guzzling products and equipment to be phased out shall be determined and published by the department of energy conservation administration under the State Council in conjunction with the departments concerned under the State Council. Specific measures for implementation shall be formulated by the department of energy conservation administration under the State Council in conjunction with the departments concerned under the State Council.

  Article 18 Enterprises may, in accordance with the principle of voluntarism and in pursuance of the state provisions relating to product quality authentication, apply to the authentication agencies acknowledged by the department of product quality supervision and administration under the State Council or the departments authorized by the department of product quality supervision and administration under the State Council for energy-consuming product energy-saving quality authentication; the enterp

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