Energy Conservation Law of the People's Republic of China (2018 Amendment)

Energy Conservation Law of the People's Republic of China (2018 Amendment) ?Energy Conservation Law of the People's Republic of China (Adopted at the 28th Session of the Standing Committee of the Eighth National People's Congress on November 1, 1997, revised at the 30th Session of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on October 28, 2007, and amended for the first time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Six Laws including the Energy Conservation Law of the People's Republic of China at the 21st Session of the Standing Committee of the Twelfth National People's Congress on July 2, 2016, and amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress to Amend Fifteen Laws Including the Law of the People's Republic of China on the Protection of Wild Animals adopted at the 6th Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on October 26, 2018) Table of Contents Chapter I General Provisions Chapter II Administration of Energy Conservation Chapter III Rational Use of Energy and Energy Conservation Section 1 General Provisions Section 2 Industrial Energy Conservation Section 3 Construction Energy Conservation Section 4 Transport Energy Conservation Section 5 Energy Conservation by Public Institutions Section 6 Energy Conservation by Key Energy Consuming Entities Chapter IV Technological Progress in Energy Conservation Chapter V Incentive Measures Chapter VI Legal Liabilities Chapter VII Supplementary Provisions Chapter I General Provisions Article 1 This Law is enacted with a view to promoting energy conservation in the whole society, enhancing energy utilization efficiency, protecting and improving environment, and promoting comprehensive, coordinated and sustainable economic and social development. Article 2 The term "energy" as used in this Law refers to coal, petroleum, natural gas, biomass energy, electric power, heat power and other resources from which useful energy can be derived directly or through processing or transformation. Article 3 The term “energy conservation” as used 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 energy consumption, losses and waste discharge in all links from energy production to consumption, prevention of waste, and more efficient and rational utilization of energy resources. Article 4 Energy conservation is a basic national policy of China. The State implements an energy development strategy of giving consideration to conservation and development simultaneously, and placing top priority on conservation. Article 5 The State Council and the people's governments at and above the county level shall incorporate energy conservation work into national economic and social development plans, annual plans, and organize the formulation and implementation of long and medium-term special plans and annual energy conservation plans. The State Council and the people's governments at and above the county level shall report energy conservation work to the people's congress or the standing committee thereof at the corresponding levels every year. Article 6 The State implements the energy conservation target responsibility system and the energy conservation examination system, and takes the completion of energy conservation targets as an item to assess and evaluate the performance of the local people's government and the persons in charge thereof. The people's government of each province, autonomous region or municipality directly under the Central Government shall report its fulfillment of energy conservation target responsibility to the State Council every year. Article 7 The State implements industrial policies good for energy conservation and environmental protection, restricts the development of high-energy-consumption and high-pollution industries, and develops energy-saving and environmentally friendly industries. The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall strengthen energy conservation work, rationally adjust industrial structure, enterprise structure, product structure and energy consumption structure, propel enterprises to reduce energy consumption per unit of output value and energy consumption per unit of product, eliminate backward productive capacity, improve the development, processing, transformation, transmission, storage and supply of energy sources, and enhance energy utilization efficiency. The State encourages and supports development and utilization of new energy resources and renewable energy resources. Article 8 The State encourages and supports the research, development, demonstration and popularization of energy conservation science and technology, and promotes technological innovation and progress in energy conservation. The State carries out publicity and education of energy conservation, incorporates energy conservation knowledge into national education and training system, popularizes scientific knowledge about energy conservation, enhances the awareness of the whole people in energy conservation, and advocates energy-saving consumption patterns. Article 9 All the entities and individuals shall fulfill the obligation of energy conservation and have the right to report the acts of wasting energy resources. The news media shall publicize the laws, regulations and policies on energy conservation, and play a role of supervision by public opinion. Article 10 The energy conservation administrative department under the State Council shall take charge of energy conservation supervision and administration nationwide. The departments concerned under the State Council shall be responsible for energy conservation supervision and administration within the scope of their respective functions, and accept the guidance of the energy conservation administrative department under the State Council. The energy conservation administrative department under the local people's government at or above the county level shall take charge of energy conservation supervision and administration within its own administrative area. The departments concerned under the local people's government at or above the county level shall be responsible for energy conservation supervision and administration within the scope of their respective functions, and accept the guidance of the energy conservation administrative department at the same level. Chapter II Administration of Energy Conservation Article 11 The State Council and the local people's governments at and above the county level shall strengthen their leadership to energy conservation work in disposition, coordination, supervision, inspection and promotion of the energy conservation work. Article 12 The energy conservation administrative department and other departments concerned under the local people's government at or above the county level shall, within their respective functions, strength supervision and inspection of the implementation of laws, regulations and standards on energy conservation, and investigate and dispose of illegal energy consumption. No charge may be imposed on the objects of supervision and administration at the time of fulfilling the duty of energy conservation supervision and administration. Article 13 The standardization administrative department and other departments concerned under the State Council shall organize the formulation and real-time revision of relevant national standards and industrial standards for energy conservation, so as to establish and improve the energy conservation standard system. The standardization administrative department under the State Council shall, jointly with the energy conservation administrative department and other departments concerned under the State Council, formulate compulsory standards for energy consuming products' and equipment's energy efficiency standards as well as the energy consumption quota per unit of product for the products that consume much energy during the production process. The State encourages enterprises to set down energy conservation standards stricter than national standards and industrial standards. If a province, autonomous region or municipality directly under the Central Government sets down local energy conservation standards stricter than national standards and industrial standards, it shall report them to the State Council for approval, unless it is otherwise stipulated in this Law. Article 14 National standards and industrial standards for construction energy conservation shall be set down by the construction administrative department under the State Council and be promulgated by following statutory procedures. The construction administrative department under the people's government of a province, autonomous region or municipality directly under the Central Government may, in light of its local actualities, set down local construction energy conservation standards stricter than national standards or industrial standards, and report them to the standardization administrative department and the construction administrative department under the State Council for archival filing. Article 15 The state implements rules for the energy conservation assessment and examination of fixed asset investment projects. The construction entity shall not commence the construction of a project that does not comply with compulsory energy conservation standards; and if the project has been completed, it shall not be put into production and use. The authority legally responsible for project approval shall not approve the construction of a government investment project that does not comply with compulsory energy conservation standards. Specific measures shall be developed by the energy conservation administrative department of the State Council in conjunction with relevant departments of the State Council. Article 16 The State implements an elimination system of outmoded highly energy-consuming products, equipment and productive techniques. The catalogue and implementing measures for elimination of highly energy-consuming products, equipment and productive techniques shall be formulated and promulgated by the energy conservation administrative department under the State Council together with other departments concerned under the State Council. Manufacturers of highly energy consuming products during the production process shall implement the quota for energy consumption per unit product. If a manufacturer consumes energy in excess of the quota for energy consumption per unit product, the energy conservation administrative department shall order it to make rectification within a time limit according to the limit of power as prescribed by the State Council. With respect to highly energy-consuming special equipment, the energy conservation examination and supervision shall be carried out according to the provisions prescribed by the State Council. Article 17 It is prohibited to produce, import or sell energy consuming products and equipment that are explicitly eliminated by the State or are inconsistent with compulsory energy efficiency standards; and it is prohibited to use energy consuming equipment or productive techniques that are explicitly eliminated by the State. Article 18 The State implements the energy efficiency label management to household appliances and other energy consuming products that are widely used and consume much energy. The catalogue of products to which the energy efficiency label management is implemented and the corresponding implementing measures shall be formulated and promulgated by the energy conservation administrative department under the State Council together with the market regulatory department under the State Council. Article 19 Manufacturers and importers shall affix energy efficiency labels to the energy consuming products that have been incorporated into the national catalogue of products to which the energy efficiency label management is implemented, give instructions on the packages or manuals of products, and report them to the institution jointly authorized by the market regulatory department and the energy conservation administrative department under the State Council for archival filing. Manufacturers and importers shall be responsible for the energy efficiency labels they affix and the accuracy of relevant information. It is prohibited to sell those products that should be but have not been affixed with energy efficiency labels. It is prohibited to forge energy efficiency labels, use energy efficiency labels of any other enterprise, or make use of energy efficiency labels for false publicity. Article 20 Manufacturers and sellers of energy consuming products may, in accordance with the principle of voluntariness and in pursuance of the state provisions on energy conservation product authentication, apply to the energy conservation product authentication agencies acknowledged by the certification and accreditation administration department under the State Council for energy conservation product authentication. The enterprises which have passed the authentication may obtain an energy conservation product authentication certificate and use energy conservation product authentication marks on energy consuming products o......