Cleaner Production Promotion Law of the People's Republic of China (2012 Amendment)

Cleaner Production Promotion Law of the People's Republic of China (2012 Amendment) Cleaner Production Promotion Law of the People's Republic of China (Adopted at the 28th Session of the Standing Committee of the Ninth People's Congress on June 29, 2002; and amended in accordance with the Decision on Amending the Cleaner Production Promotion Law of the People's Republic of China adopted at the 25th session of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China on February 29, 2012) Table of Contents Chapter I General Provisions Chapter II Promotion of Cleaner Production Chapter III Implementation of Cleaner Production Chapter IV Incentives Chapter V Legal Liability Chapter VI Supplementary Provision Chapter I General Provisions Article 1 To promote cleaner production, raise the efficiency of utilization of resources, reduce and avoid the generation of pollutants, protect and improve environment, protect human health, and promote the sustainable development of economy and society, this Law is formulated. Article 2 For the purposes of this Law, “cleaner production” means reducing pollution at the source, raising the efficiency of utilization of resources, and reducing or avoiding the generation and discharge of pollutants during production, service, and use of products by continuously taking measures such as improving designs, using clean energy and raw materials, adopting advanced processes, technologies, and equipment, improving management, and conducting comprehensive utilization to mitigate or eliminate harm to human health and environment. Article 3 Entities engaging in production and service activities and relevant administrative authorities within the territory of the people's republic of China shall organize and implement cleaner production in accordance with this Law. Article 4 The state encourages and promotes cleaner production. The State Council and the local people's governments at and above the county level shall include cleaner production promotion in the national economic and social development plans and annual plans as well as the environmental protection, resource utilization, industry development, regional development, and other plans. Article 5 The general coordination department for cleaner production of the State Council shall be responsible for organizing and coordinating cleaner production promotion throughout the country. The environmental protection, industry, science and technology, finance, and other relevant departments of the State Council shall be responsible for cleaner production promotion within their respective functions. The local people's governments at and above the county level shall be responsible for leading cleaner production promotion within their respective administrative regions. The general coordination department for cleaner production as determined by a local people's government at or above the county level shall be responsible for organizing and coordinating cleaner production promotion within its administrative region. Other relevant departments of a local people's government at or above the county level shall be responsible for cleaner production promotion within their respective functions. Article 6 The state encourages the scientific research, technology development, and international cooperation concerning cleaner production, publicity and popularization of cleaner production knowledge, and promotion of cleaner production technologies. The state encourages social organizations and the general public to participate in cleaner production publicity, education, promotion, implementation, and supervision. Chapter II Promotion of Cleaner Production Article 7 The State Council shall formulate financial and taxation policies facilitating the implementation of cleaner production. The State Council and its relevant departments and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate industry policies and technology development and promotion policies facilitating the implementation of cleaner production. Article 8 The general coordination department for cleaner production of the State Council shall, in conjunction with the environmental protection, industry, science and technology, and other relevant departments of the State Council, prepare a national cleaner production promotion plan in accordance with the national economic and social development plan and the national requirements for conserving resources, reducing energy consumption, and reducing discharge of major pollutants and publish the plan in a timely manner with the approval of the State Council. The national cleaner production promotion plan shall cover: the objectives, primary tasks, and safeguards for cleaner production promotion and the key areas, key sectors, and key programs subject to cleaner production determined on the basis of consumption of resources and energy and discharge of pollutants. The departments for relevant sectors of the State Council shall, in accordance with the national cleaner production promotion plan, determine the key cleaner production projects in their respective sectors, and prepare and organize the implementation of a special-purpose sector cleaner production promotion plan. The local people's governments at and above the county level shall, in accordance with the national cleaner production promotion plan, the relevant special-purpose sector cleaner production promotion plans, and the requirements for conserving resources, reducing energy consumption, and reducing discharge of major pollutants in their respective regions, determine the key cleaner production projects within their respective regions, and prepare and organize the fulfillment of an implementation plan for cleaner production. Article 9 The central budget shall allocate more funds for cleaner production promotion, including special-purpose funds from the central treasury for cleaner production and other funds arranged by the central budget for cleaner production, to support the cleaner production and promotion of cleaner production technologies in key areas, key sectors, and key programs as determined in the national cleaner production promotion plan and the implementation of cleaner production projects in ecologically vulnerable areas. The specific measures for the use of funds in the central budget for supporting cleaner production promotion shall be formulated by the finance department and general coordination department for cleaner production of the State Council in conjunction with other relevant departments of the State Council. The local people's governments at and above the county level shall make overall arrangements on funds allocated by the local treasury for cleaner production promotion and guide social capital in supporting key cleaner production projects. Article 10 Th......