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

servation work to be technologically mature and with marked benefits.

　　Article 40 All trades shall formulate trade energy conservation technology policies, develop and extend new energy-saving technologies, new techniques, new equipment and new materials, restrict or phase out obs

olete energy-guzzling technologies, techniques, equipment and materials.

　　Article 41 The department of energy conservation administration under the State Council shall, in conjunction with the departments concerned under the State Council, lay down general-purpose and trade-wise specific energy-saving technical targets, requirements and measures, and make timely revisions in the light of the development of the economy and energy conservation technologies, improve energy utilization, reduce energy consumption so as to enable energy utilization in China to gradually catch up with the advanced international levels.

　　Chapter V Legal Liability

　　Article 42 With respect to new construction of an energy-guzzling industrial project expressly prohibited by state order in violation of the provisions of Article 13 of this Law, the department of energy conservation administration of the people's government at or above the county level shall come up with suggestions which shall be submitted to the people's government at the corresponding level pursuant to the terms of reference prescribed by the State Council to order the said unit to stop going into production or stop its use.

　　Article 43 With respect to a unit making heavy energy-consuming products exceeding ceilings for energy consumption per unit of product in violation of the provisions of Article 24 of this law where the circumstances are serious which does not carry out treatment as directed for treatment within the specified time period or fails to meet the requirements for treatment, the department of energy conservation administration of the people's government at or above the county level may come up with suggestions which shall be submitted to the people's government at the corresponding level pursuant to the terms of reference prescribed by the State Council to order the said unit to suspend operations for consolidation or close down.

　　Article 44 With respect to any unit making and selling energy-consuming products phased out by express state order in violation of the provisions of Article 25 of this Law, the department of product quality supervision administration of the people's government at or above the county level shall order the said unit to stop the production and sale of the energy-consuming products phased out by express state order, confiscate the illegally produced and sold energy-consuming products phased out by express state order and the illegal gains, and concurrently impose a fine more than 100% less than five times of the amount of the illegal gains; the department of industry and commerce administration of the people's government at or above the county level may revoke its business licence.

　　Article 45 With respect to any unit using energy-consuming equipment phased out by express state order in violation of the provisions of Article 25 of this Law, the department of energy conservation administration of the people's government at or above the county level shall order the said unit to stop its use thereof and confiscate the energy-consuming equipment phased out by express state order; where the circumstances are serious, the department of energy conservation administration of the people's government at or above the county level may come up with suggestions which shall be submitted to the people's government at the corresponding level pursuant to the terms of reference prescribed by the State Council to order it to suspend operations for consolidation or close down.

　　Article 46 With respect to anyone who transfers phased-out energy-consuming equipment to others for use in violation of the provisions of Article 25 of this Law, the department of product quality supervision administration of the people's government at or above the county level shall confiscate the illegal gains and concurrently impose a fine more than 100% less than five times of the amount of the illegal gains.

　　Article 47 W

ith respect to any unit that does not annotate the energy consumption index in the product descriptions and on the product mark in violation of the provisions of Article 26 of this Law, the department of product quality supervision administration of the people's government at or above the county level shall order it to make a rectification within the specified time period and may impose a fine of less than RMB 50,000 Yuan.

　　With respect to any unit whose annotation of the energy consumption index in the product descriptions and on the product mark is not in conformity with the actual conditions of the product in violation of the provisions of Article 26 of this Law, the violator shall bear civil liability pursuant to the provisions of relevant laws in addition to the penalty in accordance with the provisions of the preceding paragraph.

　　Article 48 With respect to any unit using forged energy-saving quality authentication mark or imitating energy-saving quality authentication mark in violation of the provisions of Article 27 of this Law, the department of product quality supervision administration of the people's government at or above the county level shall order it to make a rectification openly, confiscate the illegal gains and may concurrently impose a fine more than 100% less than five times the amount of the illegal gains.

　　Article 49 State functionaries who abuse power, neglect their duties, indulge in self-seeking misconduct in energy conservation work shall, if a crime has been constituted, be investigated for criminal liability; where a crime has not been constituted, administrative sanctions shall be imposed.

　　Chapter VI Supplementary Provision

　　Article 50 This Law shall enter into force as of January 1, 1998

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