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Energy-Saving Law of the People's Republic of China - 1998

(Adopted by the 28th Session of the Standing Committee of the Eighth National People's Congress on November 1, 1997, promulgated by Order No.90 of the President of the People's Republic of China on November 1, 1997, and effective on January 1, 1998)

 

Contents

Chapter I General Provisions
Chapter II Energy-saving Administration
Chapter III Rational Use of Energy
Chapter IV Improvement of Energy-saving Technology
Chapter V Legal Liability
Chapter VI Supplementary Provisions

 

Chapter I General Provisions

Article 1
For the purposes of promoting energy-saving in the whole society, improving efficiency and economic results of energy, protecting the environment, ensuring the national economic and social development, and meeting the human needs, this Law is formulated.

Article 2
The expression "energy" as employed in this Law means coal, crude oil, natural gas, electricity, coke, coal gas, thermal power, finished petroleum products, liquefied petroleum gas, biological energy and all other useful energies obtained directly or through processing or transformation.

Article 3
The expression "energy-saving" as employed in this Law means to strengthen energy-use management, to adopt measures which are technologically feasible, economically rational and bearable to the environment and society, to reduce loss and waste in all stages from energy production to consumption and to use energy more efficiently and rationally.

Article 4
Energy saving is a long-term strategic policy in the economic development of the State.

The State Council and people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall strengthen the energy-saving work, rationally adjust industrial, enterprise, product and energy consumption structures, promote the improvement of energy-saving technology, reduce energy consumption per unit of output value and per unit of product, improve the development, processing and transformation, transportation and supply of energy, gradually improve the energy efficiency and promote the energy-saving type development of the national economy.

The State encourages to develop and use new and renewable energies.

Article 5
The State produces the energy-saving policy, formulates the energy-saving plan, puts them into the national economic and social development plan, ensures the rational use of energy, and coordinates it with the economic development and environmental protection.

Article 6
The State encourages and supports the research and promotion of energy-saving science and technology, gives more effective publicity and education to the energy-saving work, spreads the scientific knowledge of energy-saving and enhances the awareness of the whole people in energy-saving field.

Article 7
All units and persons shall fulfil the energy-saving obligations and be entitled to report the acts of wasteful use of energy.

People's governments at all levels shall praise and reward units and persons that make significant achievements in the energy-saving work and research and promotion of energy-saving science and technology.

Article 8
The State Council's department for energy-saving administration shall take charge of supervision and administration of the energy-saving work throughout the country. Relevant departments of the State Council shall, within their respective spheres of competence, be responsible for supervision and administration of the energy-saving work.

Departments for energy-saving administration of local people's governments at and above the county level shall take charge of supervision and administration of the energy-saving work within their respective jurisdictions. Relevant departments of local people's governments at and above the county level shall, within their respective spheres of competence, be responsible for supervision and administration of the energy-saving work.


Chapter II Energy-saving Administration

Article 9
The State Council and local people's governments at all levels shall impose strict leadership on the energy-saving work and in each year, arrange, coordinate, supervise, inspect and promote the energy-saving work.

Article 10
The State Council and people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the priciple of simultaneously developing the energy-saving and energy-exploiting and putting the energy-saving first and on the basis of comparative authentication of technology, economy and environment of energy-saving and energy-exploiting, choose the best energy-saving and energy-exploiting investment projects and produce the best energy investment plan.

Article 11
The State Council and people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall arrange energy-saving funds in the capital construction and technological transformation funds and use them to support rational use of energy and development of new and renewable energies.

People's governments at the city and county level shall arrange energy-saving funds in accordance with actual conditions and use them to support of rational use of energy and development of new and renewable energies.

Article 12
The feasibility study report of a fixed assets investment project shall contain a specific authentication on rational use of energy.

The design and construction of fixed assets investment projects shall conform to the standards for rational use of energy and energy-saving design.

In the case where a project being constructed fails to satisfy the requirements of standards for rational energy-use and energy-saving design, the examination and approval authority under the law may not approve the construction thereof; and if a project being finished fails to satisfy the requirements of standards for rational energy-use and energy-saving design, no acceptance may be allowed.

Article 13
It is prohibited to construct new industrial projects which employ obsolete technologies, consume intensive energy and waste heavy energy. The State Council's department for energy-saving administration shall, jointly with the relevant departments of the State Council, formulate the list of above-mentioned prohibited industrial projects and the concrete measures for implementation thereof.

Article 14
The competent administrative department of standardization of the State Council shall produce the national energy-saving standards.

In the case where no national standards prescribed in the preceding paragraph are available, the relevant departments of the State Council may formulate relevant trade energy-saving standards according to law and submit them to the competent administrative department of standardization of the State Council for record.

All energy-saving standards shall be required to contain advanced technologies, to have economic rationality, and to be perfected and improved constantly.

Article 15
The State Council's department for energy-saving administration shall, jointly with relevant departments of the State Council, impose strict supervision on the industries producing wide-ranging massive energy-consuming products, urge them to take energy-saving measures and make efforts to upgrade product design and manufacturing technology and gradually reduce the energy consumption per unit of product of the respective industries.

Article 16
Departments for energy-saving administration of people's governments at and above the provincial level shall, jointly with relevant departments at the same level, formulate ceilings for energy consumption per unit of product for those guzzling energy in the process of production.

Such ceilings shall be scientific and rational.

Article 17
The State has the elimination system of outmoded energy guzzling products and equipment.

The State Council's department for energy-saving administration shall, jointly with relevant departments of the State Council, determine and publish the list of energy-guzzling products and equipment to be eliminated, and formulate the specific and concrete measures therefor.

Article 18
An enterprise may, in accordance with the principle of voluntarism and in pursuance of the State's regulations on product quality certification, apply for energy-saving quality certification of energy-consuming product to the certifying organization approved by the State Council's department for product quality supervision and control or its authorized department and after passing the certification, shall obtain the approved energy-saving quality certificate and use the energy-saving quality certification mark on its energy-consuming products or their packages.

Article 19
Statistical organs of people's governments at and above the county level shall, jointly with relevant departments at the same level, do a good job in statistics of the energy consumption and use, and publish a scheduled bulletin to issue information of energy consumption per unit of product of major energy-consuming products etc.

Article 20
The State shall impose strict control on the energy-saving work of major energy-consuming units.

The major energy-consuming units shall be --
1. those having aggregate annual energy consumption over 10,000 tons of standard coal;
2. those having aggregate annual energy consumption exceeding 5,000 tons and not exceeding 10,000 tons of standard coal designated by the relevant departments of the State Council or the departments for energy-saving administration of people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

The departments for energy-saving administration of people's governments at and above the county level shall organize relevant departments to impose supervision and inspection on the energy use of major energy-consuming units, and may authorize units having testing and measuring technical qualifications to conduct legal energy-saving testing and measuring.

The State Council's department for energy-saving administration shall, jointly with relevant departments of the State Council, formulate the requirements, measures and control with respect to energy-saving work of major energy-consuming units.


Chapter III Rational Use of Energy

Article 21
All energy-consuming units shall, in accordance with the principle of rational use of energy, reinforce energy-saving management, constitute and organize to implement their own energy-saving technical measures, and reduce energy consumption.

Energy-consuming units shall develop energy-saving education and organize persons concerned to take part in energy-saving training.

No person failing to pass energy-saving education and training may operate energy-consuming equipment.

Article 22
All energy-consuming units shall strengthen energy metrological manangement and perfect the system of energy consumption statistics and energy use analysis.

Article 23
All energy-consuming units shall establish the energy-saving responsibility system and give praise and reward to groups and persons that have made achievements in the energy-saving work.

Article 24
Production units of high energy consumption shall comply with the energy consumption ceilings per unit of product laid down according to law.

A unit shall, if consuming energy in exceess of the ceilings for energy consumption per unit of product and the circumstances are servious, be required to treat within a prescribed time limit. The energy-saving administration department of the people's government at or above the county level shall, within the limits of its powers provided for by the State Council, make the decision of such treatment.

Article 25
A unit or person that produces or sells energy-consuming products or use energy-consuming equipment must, within the time limit prescribed by the State Council's department for energy-saving administration and the relevant department of the State Council, stop to produce and sell energy-consuming products officially eliminated by the State and stop to use energy-consuming equipment officially eliminated by the State, and may not transfer the eliminated equipment to others for use.

Article 26
Units and persons manufacturing energy-consuming products shall enter the accurate energy consumption index in the product descriptions and labels.

Article 27
No unit or person manufacturing energy-consuming products may employ any forged energy-saving quality certification mark or take a energy-saving quality certification mark of another person as its or his own.

Article 28
Major energy-consuming units shall, in accordance with the relevant regulations of the State and at the fixed time, submit the reports on the energy use including such contents as information of energy consumption, analyses of energy efficiency and energy-saving benefits and energy-saving measures.

Article 29
Every major energy-consuming unit shall constitute energy management posts, employ as its energy management members the persons having professional energy-saving knowledge, practical experience and the technical title above the engineer, and file with the energy-saving administration department of the people's government at or above the county level for record.

Energy management members shall be responsible for the supervision and inspection of the energy use of their own units.

Article 30
Employers of units and other urban and rural inhabitants who use such energy as electricity, coal gas, natural gas and coal produced by enterprises shall, in accordance with the regulations of the State, computer and pay fees therefor, and may not use them without charges or practise the contractual lump-sum fee system.

Article 31
Energy production and marketing units shall, in accordance with the provisions of laws, regulations and contracts, supply energy to the energy-consuming units.


Chapter IV Improvement of Energy-saving Technology

Article 32
The State encourages and supports to develop advanced energy-saving technologies, determines the priorities and direction thereof, establishes and perfects the energy-saving technology service system and fosters and regulates the energy-saving technology market.

Article 33
The State organizes to conduct major energy-saving scientific research and demonstration projects, comes up with energy-saving extension projects and guides enterprises, institutions and persons to adopt advanced energy-saving techniques, technologies, equipment and materials.

The State produces preferential policies to support the energy-saving demonstration and extension projects.

Article 34
The State encourages to introduce foreign advanced energy-saving technologies and equipment and prohibits to import foreign obsolete energy-saving technologies, equipment and materials.

Article 35
The State Council and people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall have energy-saving funds in the scientific research funds arrangements for research of advanced energy-saving technology.

Article 36
All people's governments at and above the county level shall organize relevant departments, in accordance with the State's industrial and energy-saving technology policies, to promote scientific and rational specialized production that conforms to the energy-saving requirements.

Article 37
In designing and constructing buildings, it shall, in accordance with the provisions of relevant laws and administrative regulations, adopt energy-saving type building structures, materials, apparatuses and products, improve insulation characteristics and reduce energy consumption for heating, cooling and lighting.

Article 38
People's governments at all levels shall, in accordance with the priciples of adapting to the local conditions, multi-energy complementarity, comprehensive utilization and seeking benefits, strengthen energy construction in the rural areas, develop and exploit such renewable and new energies as methane, solar energy, wind energy, hydro-energy and underground thermal power, etc.

Article 39
The State encourages to develop the following general energy-saving technologies:

1. extension of joint production of heat and electricity and central heating, improvement in thermal power generation unit utilization, development of thermal power ladder-type utilization technology, joint production technology of heat, electricity and cooling and triple supply technology of heat, electricity and coal gas and improvement in integrated utilization of thermal power;
2. gradual realization of economic operations of electric motors, blast motors, pumping equipment and systems, development of electric motor speed regulation electricity-saving technology and electricity electronic electricity-saving technology, development, production and popularization of fine-quality low-price energy-saving apparatuses and improvement of electric power utilization;
3. development and promotion of such clean coal technologies as the flow bed burning, smokeless burning, gasification, liquefaction suitable to the types of coal in the country, and improvement of coal utilization;
4. development and promotion of other general energy-saving technologies which have been proved in the energy-saving work to be technologically mature and with marked benefits.

Article 40
Each industry shall have its own energy-saving technology policies, develop and spread new energy-saving technologies, techniques, equipment and materials, limit or eliminate obsolete energy-guzzling technologies, techniques, equipment and materials.

Article 41
The State Council's department for energy-saving administration shall, jointly with relevant departments of the State Council, provide energy-saving technical targets, requirements and measures for general use and specific industrial use, and revise them in good time in accordance with the economic and energy-saving technology development, improve energy efficiency, reduce energy consumption, and enable energy use in China to gradually catch up with the advanced international levels.


Chapter V Legal Liability

Article 42
In the case where anyone, in violation of the provisions of Article 13 of this Law, constructs a new energy-guzzling industrial project which is officially prohibited by the State, the energy-saving administration department of the people's government at or above the county level shall make a proposal and submit it to the people's government at the same level, within its spheres of competence prescribed by the State Council, to order him to stop putting into production or use.

Article 43
In the case where a unit manufacturing heavy energy-consuming products, in violation of the provisions of Article 24 of this Law, uses energy in exceess of ceilings for energy consumption per unit of product under the serious circumstances and fails to treat within the prescribed time limit as required therfor or fails to meet the requirements for treatment, the energy-saving administration department of the people's government at or above the county level may make a proposal and submit it to the people's government at the same level, within its spheres of competence prescribed by the State Council, to order the unit to suspend the production for rectification or to close down.

Article 44
In the case where anyone, in violation of the provisions of Article 25 of this Law, produces or sells energy-consuming products officially eliminated by the State, the administrative department for product quality supervision of the people's government at or above the county level shall order it to stop the production or sale of such products, confiscate the products and the illegal gains therefrom, and concurrently impose thereon a fine exceeding one times and not exceeding five times of the illegal gains; the administrative department for industry and commerce of the people's government at or above the county level may revoke his business license.

Article 45
In the case where anyone, in violation of the provisions of Article 25 of this Law, employs energy-consuming equipment officially eliminated by the State, the energy-saving administration department of the people's government at or above the county level shall order him to stop the use thereof, confiscate the said equipment and if the circumstances are serious, may make a proposal and submit it to the people's government at the same level, within its spheres of competence prescribed by the State Council, to order him to suspend operations for rectification or to close down.

Article 46
In the case where anyone, in violation of the provisions of Article 25 of this Law, transfers the eliminated energy-consuming equipment to any other persons for use, the administration department for product quality supervision of the people's government at or above the county level shall confiscate the illegal gains therefrom and concurrently impose thereon a fine exceeding one times and not exceeding five times of the illegal gains.

Article 47
In the case where anyone, in violation of the provisions of this Law, fails to enter the energy consumption index in the product descriptions or labels, the administration department for product quality supervision of the people's government at or above the county level shall order him to make a rectification within the prescribed time limit and may impose thereon a fine not exceeding 50,000 yuan.

Anyone who, in violation of the provisions of Article 26 of this Law, enters in the product descriptions or labels the energy consumption index failing to conform to the actual conditions of the product, shall be punished in accordance with the provisions of the preceeding paragraph and shall bear civil responsibility in accordance with the provisions of relevant laws.

Article 48
In the case where anyone, in violation of the provisions of Article 27 of this Law, uses a forged energy-saving quality certification mark or takes a energy-saving quality certification mark of another person as his own, the administration department for product quality supervision of the people's government at or above the county level shall order him to make an open correction, confiscate the illegal gains therefrom and may concurrently impose thereon a fine exceeding one times and not exceeding five times of the illegal gains.

Article 49
Any functionary of the State who, in the energy-saving work, abuses powers, neglects duty of office, or practices favorism or irregularities, shall be demanded for criminal responsibility according to law if a crime is constituted, or imposed administrative sanctions if no crime is constituted.


Chapter VI Supplementary Provisions

Article 50
This Law shall enter into force on January 1, 1998.

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