Law of the People's Republic of China on Promotion of Cleaner Production
Law of the People's Republic of China on Promotion of Cleaner Production
Law of the People's Republic of China on Promotion of Cleaner Production
Order of the President [2002] No. 72
June 29, 2002
The Law of the PR C on Promotion of Cleaner Production (this "Law"), adopted at the 28th Session of the 9th NPC Standing Committee on June 29, 2002, is hereby promulgated and shall become effective as of January 1, 2003.
Jiang Zemin, President of the PRC
June 29, 2002
(Adopted at the 28th Session of the 9th NPC Standing Committee on June 29, 2002)
Contents
Chapter I General Provisions
Chapter II Popularization of Cleaner Production
Chapter III Implementation of Cleaner Production
Chapter IV Incentives
Chapter V Legal Responsibilities
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is hereby enacted in order to promote cleaner production, to increase the utilization of resources, to reduce and prevent pollutant-generating, to protect and improve the environment, to protect human health, and to promote the sustainable development of the economy and society.
Article 2 For the purpose of this Law, cleaner production means, by continuously improving the design, using cleaner energy and raw materials, introducing advanced techniques and equipment, improving management and making comprehensive use of resources, etc., to reduce pollution from its source, increase the utilization of resources, reduce or prevent the generation and discharge of pollutants in the production, services and use of products, for alleviating or eliminating harm to human health and the environment.
Article 3 To the extent of the PRC, the entities engaged in production and services and the departments engaged in the relevant administration shall, in accordance with this Law, organize to implement the cleaner production.
Article 4 The cleaner production is being encouraged and promoted by the State. The State Council and the local people's governments at or above the county level (the "Local Governments") shall incorporate cleaner production into the national economic and social development plans and the schemes for environment protection, recourses utilization, industrial development, regional development, etc.
Article 5 The administrative department for the economy and trade (the "ADET") under the State Council shall be responsible for organizing and coordinating the national promotion of cleaner production (the "PCP"). The administrative departments under the State Council in charge of environment protection, planning, science and technology, agriculture, construction, water resources and technical supervision over quality shall, subject to their respective functions and responsibilities, be responsible for the relevant PCP.
The Local Governments shall be responsible for directing the PCP within their own administrative jurisdictions. The administrative departments for the economy and trade under the Local Governments shall be responsible for organizing and coordinating the PCP within their own administrative jurisdictions. The administrative departments under the Local Governments in charge of environment protection, planning, science and technology, agriculture, construction, water resources and technical supervision over quality shall, subject to their respective functions and responsibilities, be responsible for the relevant PCP."
Article 6 The State is encouraging scientific research, technological development and international cooperation in the field of cleaner production, organizing to disseminate knowledge about cleaner production and spreading the cleaner production technologies.
The State is encouraging public organizations and the general public to take part 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 in favor of implementation of cleaner production.
The State Council, the relevant administrative departments under it and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate the policies in respect of industry, technological development and popularization for the implementation of cleaner production.
Article 8 The ADETs under the Local Governments shall, together with the relevant administrative departments in charge of environment protection, planning, science and technology, agriculture, construction, water resources, etc., formulate the plans for popularization of cleaner production.
Article 9 The Local Governments shall make rational plans for the economic structures for their own administrative jurisdictions, adjust 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 in charge of the economy and trade, environment protection, planning, science and technology, agriculture and other relevant fields under the State Council and under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize to support the establishment of an information system for cleaner production and a system for technical consultancy, in order to provide to the public the 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 ADET under the State Council shall, together with the related administrative departments under the State Council, regularly publish directories on technologies, techniques, equipment and products for cleaner production.
The ADETs, and the administrative departments in charge of environment protection, agriculture and construction and other relevant fields under the State Council and under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize to write guidebooks and technical manuals for cleaner production in respect of certain trades or regions, for the purpose of guiding implementation of the cleaner production.
Article 12 The State applies a system, providing the elimination of the out-dated production technologies, techniques, equipment and products causing the waste of resources and serious pollution to the environment within the required time limit.
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