Law of the People's Republic of China on Promotion of Cleaner Production (Amended in 2012)

Law of the People's Republic of China on Promotion of Cleaner Production (Amended in 2012)

Order of the President No. 54

February 29, 2012

(Adopted at the 28th Session of the 9th NPC Standing Committee on June 29, 2002, and amended by the Decision of the NPC Standing Committee on Amending the Law of the PRC on Promotion of Cleaner Production passed at the 25th Session of the 11th NPC Standing Committee of the PRC on February 29, 2012)

Contents
Chapter I General Provisions
Chapter II Promotion 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 enacted in order to promote cleaner production, to increase the utilization of resources, to reduce and prevent pollutant-generating production, to protect and improve the environment, to protect the people's 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 using improved designs, cleaner energy and raw materials, advanced techniques and equipments, improved management and making comprehensive use of the resources, etc., to reduce pollution at its source, increase the utilization of resources, reduce or prevent the generation and discharge of pollutants during production, servicing and usage of the products, so as to alleviate or eliminate the harm towards human health and the environment.

Article 3 Within the territory of the PRC, entities engaged in production and services and departments engaged in the admistration over such activities shall, in accordance with 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 (the "Local Governments") shall incorporate the promotion of cleaner production (the "PCP") into the national economic and social development schemes, annual plans and the schemes for environmental protection, utilization of resources, industrial development, regional development, etc.

Article 5 The general coordination department for cleaner production (the "GCDCP") under the State Council shall be in charge of organizing and coordinating the national PCP. The departments under the State Council that are in charge of environmental protection, industrial, science and technology, finance and other related fields shall, subject to their respective functions and responsibilities, deal with the PCP.
The Local Governments shall be in charge of directing the PCP under their respective administrative jurisdictions. The GCDCP appointed by the Local Governments shall be in charge of organizing and coordinating the PCP under their respective administrative jurisdictions. Other functional departments of the Local Governments shall be in charge of the required PCP subject to their respective functions and responsibilities.

Article 6 The State encourages scientific research, technological development and international cooperation in the field of cleaner production, the imparting of knowledge regarding cleaner production and promoting cleaner production technologies.
The State encourages public organizations and the general public to promote, educate, encourage, implement and supervise the activities for cleaner production.

Chapter II Promotion of Cleaner production

Article 7 The State Council shall formulate the financial and taxation policies in favor of the implementation of cleaner production.
The State Council, the relevant departments under it and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate the industrial and technological development and promotion policies that would benefit the promotion of cleaner production.

Article 8 The GCDCP under the State Council shall, together with the departments under the State Council in charge of environmental protection, industrial, science and technology, finance and other related fields, and according to the national economic and social development plans, and the national requirements for saving resources, decreasing energy consumption and reducing discharges of key pollutants, prepare the national promoting schemes for cleaner production (the "PSCP"), which shall be published upon approval by the State Council.
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