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People's Republic of China law to promote circular economy
2008-11-27 15:25:21 (has been browse 382 times)
Chapter I General Provisions
      The first cycle in order to promote economic development and enhance the efficiency of resource use, protect and improve the environment and achieve sustainable development, the development of this law.
      The second law referred to the economic cycle, is the production, circulation and consumption process of reduction, recycling, resource-based activities collectively.
      Law of the alleged reduction in quantity, is the production, circulation and consumption in the process of reducing resource consumption and waste production.
      Law referred to re-use refers to as a waste product directly or through repair, renovation, and then continue to manufacture products for use, or will all the waste or other products as part of the components to be used.
      Resources referred to in this Law, is the waste as raw materials for direct use or recycling of waste.
      The third cycle of economic development of the country's economic and social development of a major strategy should be followed to co-ordinate the planning, rational distribution, in line with local conditions, results-oriented government to promote, guide the market, enterprises, the principle of public participation.
      The fourth article in the development of recycling economy should be technically feasible, reasonable and the economy is conducive to saving resources and protecting the environment, in accordance with the reduction of the implementation of the principle of priority.
      In the field of waste and recycling of resources, should guarantee the security of production to ensure product quality in line with national standards and prevent further pollution.
      Article V of the State Council circular economy development of an integrated management organization responsible for the coordination, supervision and management of the national circular economy development; State Department of Environmental Protection and other relevant authorities in accordance with their respective responsibilities in charge of the supervision and management of the economic cycle work.
      Local people's governments at or above the county level economic development cycle of integrated management organization responsible for the coordination, supervision and management of the administrative district of the cycle of economic development; local people's governments at or above the county environmental protection in accordance with the relevant authorities in charge of the respective responsibilities of supervision and management of the economic cycle工作.
      Article VI of the development of the national industrial policy, it should be in line with the development of circular economy.
      People's governments above the county level for national economic and social development plans and annual plans, the preparation of relevant departments of people's governments at or above the county environmental protection, science and technology, such as planning, should include the development of circular economy.
      Article VII of the country to encourage and support to carry out the economic cycle of science and technology research, development and promotion, encourage recycling economy promotion, education, popularization of scientific knowledge and international cooperation.
      Article VIII of the people's governments at or above the county set up the development of recycling economy should be the goal of accountability, to take planning, finance, investment, government procurement, and other measures to promote the development of circular economy.
      Article 9 of the enterprises and institutions should establish and improve the management system and take measures to reduce consumption of resources, reduce waste generation and emissions to increase waste recycling and the level of resources.
      Article X of the citizens should be to enhance resource conservation and environmental protection awareness of rational consumption and conserve resources.
      The state encourages citizens and guide the use of energy, materials and conducive to the protection of the environment and renewable products, reducing the production of waste and emissions.
      Citizens have the right to report a waste of resources, damage to the environment, the Government has the right to understand the development of circular economy information and to express their views and suggestions.
      Article 11 The state encourages and supports industry associations in the development of circular economy to play the role of technical guidance and service. People's government above the county level can be entrusted to qualified trade associations and other social organizations to promote the development of circular economy of public services.
      The state encourages and supports agencies, institutes and other social organizations to carry out recycling economy promotion, the promotion of technical and advisory services to promote the development of circular economy.
      The second chapter of basic management system
      Article XII of the State Council circular economy in the development of an integrated management of the State Council department in charge of environmental protection related to the preparation of the national economic development planning cycle, the State Council for approval after the implementation. District-based local people's governments above the municipal recycling economy in the development of an integrated management level people's government department in charge of environmental protection related to the preparation of the administrative district of economic development planning cycle, this level was reported after the approval of the People's Government for implementation.
      Cycle of economic development planning should include planning objectives, scope of application, the main contents of the key tasks and measures to protect and to provide resources productivity, waste reuse and recycling rate and so on.
      Article XIII of local people's governments at or above the county level people's governments at higher levels should be based on the order of the Chief of the regional emissions of major pollutants, construction land and water volume control, planning and adjustment of the administrative district of the industrial structure, promote the development of circular economy.
      New, alteration, expansion projects will be required to meet the administrative district of the main pollutants, construction land and water volume control.
      Article XIV of the State Council circular economy development of an integrated management of the State Council in statistics, environmental protection and other relevant departments in charge of the establishment and improvement of the economic cycle evaluation index system.
      According to the People's superiors in the preceding paragraph of the economic cycle assessment of the main indicators of people's governments at lower levels of economic development cycle assessment of the situation on a regular basis, and evaluate the main targets for completion of the local People's Government and the people responsible for the evaluation.
      15th production included in the list of mandatory recycling of products or packaging businesses, must be abandoned or product packaging is responsible for recycling; which can be used by the manufacturers responsible for the use; do not have as a result of technical and economic conditions Not suitable for use by the manufacturers responsible for safe disposal.
      In the preceding paragraph of the waste products or packaging, the producer who commissioned the sale or other organizations to carry out the recovery or recycling or disposal commissioned to conduct business or use of disposal, should be entrusted with the parties in accordance with relevant laws and administrative regulations and contracts Agreement is responsible for recycling or use, disposal.
      Included in the list of mandatory recycling products and packaging, consumers should be abandoned or product packaging to the producer or the seller's recovery commission or other organizations.
      Mandatory recycling of products and packaging and directory management by the State Council circular economy development of an integrated management requirements.
      The 16th state of the iron and steel, nonferrous metals, coal, electricity, oil processing, chemical, building materials, construction, paper, printing and dyeing industries in the comprehensive energy consumption, water consumption more than the total amount of state enterprises, the implementation of energy consumption, Water consumption focus of the supervision and management system.
      Focus on energy consumption, energy-efficient supervision and management unit, in accordance with the "People's Republic of China Energy Conservation Law," the regulations.
      The focus of the supervision unit of water management practices by the State Council circular economy in the development of an integrated management provisions of the relevant departments of the State Council.
      The state shall establish and improve the 17th cycle of economic statistics system, strengthen the consumption of resources, and comprehensive utilization of waste management statistics, and the main statistical indicators on a regular basis to the public.
      Standardization of the State Council department in charge of the State Council circular economy in the development of an integrated management and environmental protection and other relevant authorities to establish a sound system of circular economy standards, the development and improvement of energy, wood waste and reuse of resources such as the standard.
      Establish and improve the energy efficiency of the national identification products such as resource consumption identification system.
      Chapter III Reduction
      The 18th article of the State Council circular economy in the development of an integrated management of the State Council and other relevant environmental protection authorities, published on a regular basis to encourage, and the elimination of restrictions on technology, technology, equipment, materials and products list.
      Banning the production, import, sale-out included in the list of equipment, materials and products included in the prohibition of the use of directories out of the technology, technology, equipment and materials.
      Article XIX technology, equipment, products and packaging design, should be to reduce resource consumption and waste production requirements, the priority to choose from the easy recovery, easy disassembly and easy to degradation, drug-free or low-friendly materials and low-harm Design, and should comply with the mandatory requirements of national standards.
      In the process of dismantling and disposal of the possible environmental pollution caused by electrical and electronics products, designed not to use the country's ban on the use of toxic and harmful substances. Prohibition of electronic appliances and other products used in the list of toxic and harmful substances by the State Council circular economy in the development of an integrated management of the State Council department in charge of environmental protection related to the development.
      Product packaging design should be the implementation of the standard packaging products, packaging to prevent excessive waste of resources and environmental pollution.
      Article 20 industrial enterprises should be used or the application of advanced water saving technology, equipment and technology, the development and implementation of water conservation projects to enhance water management, water production for the whole process of control.
      Industrial enterprises should be strengthened Metering water management, the use of qualified and equipped with water measuring equipment to build water consumption statistics and analysis of the situation of the water system.
      New, alteration, expansion of the construction projects should be supporting construction of water-saving facilities. Water-saving facilities should be at the same time the main project design, construction at the same time, at the same time put into use.
      The state encourages and supports the coastal areas and sea water desalination for direct use conserve fresh water resources.
      21st state shall encourage and support enterprises to use fuel-efficient high-performance products.
      Electricity, oil processing, chemicals, iron and steel, nonferrous metals and building materials businesses, must state the scope and duration, in order to clean coal, petroleum coke, natural gas and other clean energy alternative fuel, and stop the use of state power generation fuel And oil-fired boiler unit.
      Internal combustion engines and motor vehicle manufacturers to follow state regulations of the internal combustion engine and motor vehicle fuel economy standards for fuel-efficient use of technology to reduce consumption of petroleum products.
      Article twenty-exploitation of mineral resources should be an overall plan to develop a reasonable development and utilization of the program, the use of reasonable exploitation of the order, methods and beneficiation process. Mining licensing authority should be submitted by the applicant program development and utilization of mining recovery rate, mining dilution rate, the recovery rate of mineral processing, mining and water utilization rate of land reclamation and so on in accordance with the law review; review of the failure, not To the mining permits issued. Mining permit issued in accordance with the law authorities should strengthen supervision over the exploitation of mineral resources management.
      The main mining companies in the mining of minerals at the same time, should have the value of industrial symbiosis and the associated ore mining integrated, rational use; on the need to take a while for the time being can not use the mineral as well as containing useful component of the tailings should be taken to protect Measures to prevent the loss of resources and ecological damage.
      Article twenty-architectural design, construction and construction units should be in accordance with relevant state regulations and standards, its design, construction, construction of buildings and structures using energy, land, materials and process technology of the small, light , Renewable product. Conditional region should make full use of solar energy, geothermal energy, wind energy, such as renewable energy.
      The state encourages the use of harmless non-toxic solid waste building materials production, encourage the use of bulk cement, to promote the use of ready-mixed concrete and ready-mixed mortar.
      Prohibition of farmland damaged brick. At the State Department or the provinces, autonomous regions and municipalities directly under the Central People's Government in the period provided for in the region and to prohibit the production, sale and use of clay brick.
      Article 24th or above the county level people's government and the agriculture sector should be in charge of promoting the intensive use of land, encourage and support farmers to adopt water-saving, fertilizer, medicine section of the advanced cultivation, irrigation and farming technology, to promote energy-saving agricultural machinery, Priority to the development of ecological agriculture.
      Lack of water in the region should adjust the planting structure, giving priority to the development of water-saving agriculture, promote the use of rainwater harvesting, construction and management in water-saving irrigation facilities to improve water use efficiency and reduce water leakage and evaporation.
      Be the 25th state organs and the use of financial funds and other organizations should practice thrift and eliminate waste, to take the lead in the use of energy, land, materials and conducive to environment protection products, equipment and facilities, economical use of office supplies. The State Council and local people's governments at or above the county authorities affairs agencies work in conjunction with this level people's government departments to introduce the national level, and other organs of the body with energy, water quota targets, the financial sector in accordance with the fixed targets the development of standards for expenditures.
      City People's Government and the building owner or user, should take measures to strengthen the maintenance and administration buildings, to extend the service life of the building. On the line with the urban planning and construction standards at a reasonable service life of buildings, in addition to the needs of the public interest, the city decided not to remove people's government.
      Article twenty-catering, entertainment, hotels and other service enterprises should adopt energy-saving, water saving, and materials is conducive to the protection of the environment, reduce the use or non-use of waste resources and pollute the environment.
      The new law comes into force, catering, entertainment, hotels and other service enterprises should adopt energy-saving, water saving, materials and the protection of the environment is conducive to technology, equipment and facilities.
      Be the 27th country to encourage and support the use of reclaimed water. In the conditional use of reclaimed water in areas to restrict or prohibit the road to clean tap water as urban, urban greening and landscaping water use.
      In the 28th state to protect the safety and health products under the premise of one-time restrictions on the production and marketing of consumer goods. Specific list by the State Council circular economy development of an integrated management of the State Council in the financial, environmental protection and other relevant departments in charge of the development.
      In the preceding paragraph shall be included on the list of one-time production and marketing of consumer goods, from the State Council, fiscal, taxation and foreign trade department in charge of the development of restrictive measures such as tax and export.
      Chapter IV reuse and recycling
      29th or above the county level people's government should be planning the layout of the regional economy, rationally adjust the industrial structure, promote the comprehensive utilization of resources in such areas as cooperation and achieve efficient use of resources and recycling.
      Various types of industrial park should be organized to conduct business in the region comprehensive utilization of resources, and promote the development of circular economy.
      The state encourages enterprises of all types of industrial park for the use of the exchange of waste, energy use steps, intensive land use, water use classification and recycling, the use of common infrastructure and other facilities.
      New Industrial Park and various types of reform should be carried out environmental impact assessment in accordance with the law and to take ecological protection and pollution control measures to ensure the region's environmental quality to the required standard.
      Enterprises should be the 30th country in accordance with the provisions of the production process of fly ash, coal gangue, tailings, waste rock, waste, waste gas, such as comprehensive utilization of industrial wastes.
      Article 31 should be the development of enterprises in series of water systems and water recycling system to enhance the reuse of water.
      Enterprises should adopt advanced technology, equipment and technology, the production process of wastewater recycling.
      Enterprises should be the 32nd or the application of advanced recovery techniques, technology and equipment for the production process generated heat, pressure and so on for more than utilization.
      The building of the use of waste heat, more than pressure, coal-bed methane and coal gangue, coal, garbage, such as low calorific value of fuel and electricity networks, should be in accordance with the law and the provisions of the State Council to obtain permission or submitted to the administrative record. Power companies to follow state regulations, the comprehensive utilization of resources and power generation enterprises and network, providing Internet access and full network of power generation projects and the acquisition of the power line.
      Thirty-third article of the construction unit should have a construction project of building comprehensive utilization of waste; do not have the conditions for the comprehensive utilization should be entrusted with the production conditions for the operators to conduct comprehensive utilization or disposal of sound.
      Be the 34th country to encourage and support agricultural producers and related enterprises or the application of advanced technology, crop stalks, animal manure, agricultural product processing industry by-products, agricultural waste, such as thin films for use, development and utilization of biomass energy such as biogas.
      Be the 35th or above the county level people's government and the forestry department in charge of the development of eco-forestry should be positive, encouraging and supporting forestry producers and related enterprises to adopt conservation and alternative wood technology, forestry and waste little time firewood, desert shrubs, such as Utilization, improve the comprehensive utilization rate of timber.
      Be the 36th country to support the production of industrial waste operators to establish the exchange of information systems, to promote the exchange of business information industry waste.
      Business-to-production process of comprehensive utilization of waste do not have the conditions should be made available to qualified operators to carry out the production and utilization.
      Be the 37th country to encourage and promote waste recovery system.
      Local people's governments shall, in accordance with the urban and rural planning, rational distribution network and recycling market and support recycling businesses and other organizations to carry out waste collection, storage, transportation and information exchange.
      Recycling market should be in line with the national environmental protection, safety and firefighting.
      The 38th article of waste electrical electronic products, motor vehicles abandoned ship, tires, used lead acid batteries for specific products, such as dismantling or re-use, it should be in line with relevant laws and administrative regulations.
      The 39th article of the recycling of electrical products, electronics, after Repair of post-sales, in line with the need to re-use of product standards and in a prominent position for re-use of the product logo.
      Recycling of electronic products, electrical appliances, the need for dismantling and recycling, should be equipped to sell to the dismantling of the enterprise.
      Be the 40th country to support enterprises to develop their motor vehicle parts and components, engineering machinery, machine tools and other products to create and renovation of the tire.
      Re-sales of manufactured products and refurbished products must meet the national quality standards, and in a prominent position for the logo to create products or refurbished products.
      41 and above the county level people's governments should co-ordinate the planning and construction of rural and urban solid waste collection and classification of the use of resources and facilities, establish and improve the collection and classification of the use of system resources and improve solid waste recycling rate.
      And above the county level people's governments should support the building of enterprise resource use and sludge disposal facilities, to increase the level of comprehensive utilization of sludge, to prevent further pollution.
      Chapter incentives
      The 42nd article of the State Council and provincial, autonomous regions and municipalities directly under the Central People's Government to set up the development of circular economy related to a special fund to support the recycling economy of science and technology research and development, circular economy and technology demonstration and promotion of products, circulation of major economic projects, the development of circular economy Information services. The specific method by the State Council financial departments of the State Council circular economy in the development of an integrated management and other relevant departments in charge of the development.
      The 43rd article of the State Council and provincial, autonomous regions and municipalities directly under the Central People's Government and its relevant departments of recycling economy should be a major scientific and technological innovation projects in research, application and industrialization of the model included in the development of the national or provincial level science and technology development planning and development of high-tech industry Planning and arrangements for the financial funds to support it.
      Use of financial capital to a major economic cycle technology, equipment, should be developed to digest, absorb and innovative programs, reported the approval by the relevant department in charge of supervision of its implementation; the relevant authorities should be based on actual need to establish mechanisms for coordination, major technology equipment And the introduction of digestion and absorption, innovative and coordinated implementation of and provide financial support.
      Be the 44th country to promote the economic development of the industry cycle activities to give tax breaks and use tax measures to encourage imports, and other advanced energy, materials, such as technology, equipment and products, limited to energy production, pollution The re-exports. The specific method by the State Department of Finance, the tax department in charge of the development.
      Enterprises included in the production or use of national cleaner production, comprehensive utilization of resources such as directories to encourage technology, technology, equipment or products, in accordance with the relevant provisions of the country to enjoy tax incentives.
      Article 45th or above the county level people's government of circular economy development of an integrated management in the development and implementation of investment projects, will be energy, land, materials, comprehensive utilization of resources, and other projects as a key area of investment.
      With the national industrial policy on energy, water, land, materials, comprehensive utilization of resources, and other projects, financial institutions should give priority to loans and credit support and actively supporting the provision of financial services.
      On the production, import, sale or use included in the list out of the technology, technology, equipment, materials or products of the enterprises, financial institutions shall not provide any form of credit support.
      Be the 46th country in favor of resource conservation and rational utilization of the price of policies to guide units and individuals to save and the rational use of water, electricity, gas and other resource products.
      And the State Council, provinces, autonomous regions and municipalities directly under the Central People's Government department in charge of prices should be in accordance with state industrial policies, high consumption of resources and industry restrictions on the types of projects, the implementation of restrictive pricing policy.
      On the use of waste heat, more than pressure, coal-bed methane and coal gangue, coal, garbage, such as low calorific value of fuel and electricity networks, the price is conducive to the competent authorities in accordance with the principle of comprehensive utilization of resources to determine their purchase price.
      Provinces, autonomous regions and municipalities directly under the Central People's Government under the present administrative region's economic and social development, refuse to implement the emission fee system. Special charges for waste separation, collection, transportation, storage, use and disposal, shall not be diverted.
      The state encourages the adoption of TM, such as recycling waste deposit.
      Be the 47th country in favor of economic development cycle of government procurement policy. The use of financial funds for the procurement, should give priority to buy energy-saving, water saving, and materials is conducive to the protection of the environment and renewable products.
      Article 48th or above the county level people's government and its departments should be in the economic cycle management, science and technology research, product development, demonstration and promotion of the remarkable achievements made by units and individuals to give recognition and rewards.
      Enterprises and institutions should be in the circle of economic development have made outstanding contributions to the collective and individuals in recognition and rewards.
      Chapter VI Legal Liability
      Article 49th or above the county level people's government of circular economy development of an integrated management or other relevant authorities found in violation of the law or received reports of illegal activities will not investigate and deal with, or otherwise carry out supervision and management duties according to law acts , By the people's governments at or a people's government ordered the relevant departments of corrections, directly responsible for the officers and other personnel directly responsible shall be given disciplinary action.
      50th production, sale-out included in the list of products, equipment, in accordance with the "Product Quality Law of the People's Republic" of the penalty provisions.
      Included in the list out the use of technology, technology, equipment, materials, and by the local people's governments at or above the county economic development cycle of integrated management ordered to stop using, the confiscation of illegal use of equipment, materials, in addition to 50,000 yuan more than 200,000 yuan Fine; in severe cases, the people's governments at or above the county economic development cycle of integrated management of comments and report it to the level of the People's Government of the State Council in accordance with the provisions of the authority, to stop operation or close down.
      In violation of the provisions of this Law, included in the import-out list of equipment, materials or products, ordered returned by the Customs and Excise Department, the Department can be 100,000 yuan more than 1,000,000 yuan fine. Importer unknown by the carrier returned to assume the responsibility, or bear the cost of disposal.
      51 violations of the provisions of this Law, in the process of dismantling or disposal may cause environmental pollution of electrical and electronics products, the use of the design included in the list of countries prohibit the use of toxic and harmful substances, from the local people's governments at or above the county level of product quality Supervision department ordered a set period of time; overdue correction, the Department for more than 20,000 yuan fine of less than 200,000 yuan; in severe cases, the local people's governments at or above the county level of product quality supervision departments to the level of industrial and commercial administration departments informed of the situation Industrial and commercial administration agency to revoke the business license.
      Second violation of the provisions of this Law Article, electricity, oil processing, chemicals, iron and steel, nonferrous metals and building materials companies, such as not to the extent provided in the period of time or stop the use of the state's generating units of fuel or oil-fired boiler, from the county level Local people's governments over the economic cycle the development of an integrated management ordered a set period of time; overdue correction, ordered the removal of fuel or oil-fired boiler generating units in addition to 50,000 yuan more than 500,000 yuan fine.
      In violation of the 53rd article of this Law stipulates that mining companies failed to meet the review in accordance with the law, as determined by the rate of mining recovery, mining dilution rate, the recovery rate of mineral processing, mine land reclamation and water utilization rate indicators, such as by the people's government above the county level Geology and Mineral Resources authorities ordered a set period of time, the Department for more than 50,000 yuan fine of less than 500,000 yuan; overdue correction, mining permits issued by the authorities to revoke the mine's license.
      In violation of the 54th article of this Law provides that the State Council, or provinces, autonomous regions and municipalities directly under the Central People's Government prohibits the production, sale, use of clay brick in the region or the duration of the production, sale or use of clay brick, from the local people's governments at or above the county designated The department ordered a set period of time; there is illegal income, confiscation of illegal income; late to the production, sale, by the local People's Government Administration for Industry and Commerce to revoke the business license.
      In violation of the 55th article of this Law provides that the power grid companies to buy companies refused to use waste heat, more than pressure, coal-bed methane and coal gangue, coal, garbage, such as low calorific value fuel production of electricity from the national electricity regulator ordered a set period of time; cause Loss of business, according to the law, the responsibility for compensation.
      In violation of the 56th article of this Law provides that any of the following acts by the local People's industrial and commercial administrative departments shall order a set period of time, may be 5000 yuan more than 50,000 yuan fine; overdue correction, and to revoke the business license ; Damage, liability in accordance with the law:
      (A) the sale did not use the product logo of the recycling of electrical products, electronics;
      (B) no longer manufacture or sale of refurbished products to create the logo or refurbished products.
      In violation of the 57th article of this Law provides that the act constitutes a crime, be held criminally responsible.
      Chapter VII Supplementary Provisions
      This law shall be the 58th January 1, 2009 will come into effect.
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