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中华人民共 和国节约能源法(2007年修订)(英文版)

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Promulgation date

2007/10/28

Effective region

NATIONAL

Promulgator

Standing Committee of the National People's Congress

Document no

Order of the President [2007] No.77

Effectiveness

Effective

Effective date

2008/04/01

Category

General ( Resources Law->General )


Energy Conservation Law of the People's Republic of China (Revised in 2007)

Order of the President [2007] No.77

October 28, 2007

The Energy Conservation Law of the People's Republic of China has been amended and adopted at the 30th Session of the Standing Committee of the 10th National People's Congress on 28 October 2007. The amended Energy Conservation Law of the People's Republic of China are hereby promulgated and shall come into effect as of April 1, 2008.

President: Hu Jintao

Attachment: Energy Conservation Law of the People's Republic of China

(Adopted at the 28th Session of the Standing Committee of the 8th National People's Congress on 1 November 1997, amended and adopted at the 30th Session of the Standing Committee of the 10th National People's Congress on 28 October 2007.)

Contents
 
Chapter One General Principles
 
Chapter Two Administration Of Energy Conservation
 
Chapter Three Rational Energy Utilization And Conservation
 
Section One General Provisions
 
Section Two Industrial Energy Conservation
 
Section Three Construction Energy Conservation
 
Section Four Transportation Energy Conservation
 
Section Five Public Body Energy Conservation
 
Section Six Energy Conservation for Key Energy-consuming Units
 
Chapter Four Energy Conservation Technology Advancement
 
Chapter Five Incentive Measures
 
Chaper Six Legal Liability
 
Chapter Seven Supplementary Provisions

Chapter One General Principles

Article 1 This Law is formulated for the purposes of promoting energy conservation in the whole society, improving energy utilization efficiency, protecting and ameliorating the environment, and of advancing an all-round, balanced and sustainable development of the economy and the society.

Article 2 For the purposes of this Law, the term "energy resources" refers to coal, petroleum, natural gas, biomass energy and electricity, thermal power and all other kinds of resources where usable energy may be obtained directly or through processing or transformation.

Article 3 For the purposes of this Law, the term "energy conservation" refers to stepping up energy utilization management, and adopting measures that are technologically feasible, economically viable and environmentally and socially affordable for purposes of lowering consumption, reducing losses and pollutant discharges, and of stopping wastefulness in all phases from energy production to its consumption, so as to realize an efficient and rational utilization of energy resources.

Article 4 Resource conservation is a fundamental policy of our nation. The energy development strategy of the State is to conserve and develop energy resources at the same time, with priorities placed on energy conservation.

Article 5 The State Council and the local People's Governments at the county level or above shall include energy conservation in national socio-economic development plans and annual plans; they shall also oversee the formulation and implementation of medium- and long-term special plans on energy conservation and annual energy conservation plans.
 
The State Council and the local People's Governments at the county level or above shall report their work in energy conservation to the People's Congress or its Standing Committee at the corresponding level.

Article 6 The State shall implement an energy conservation target responsibility system and an examination and evaluation system. The actual performance in achieving the target shall be included in the examination and evaluation of the work of local People's Governments and the corresponding personnel in charge.
The People's Governments of provinces, autonomous regions and centrally governed municipalities shall report annually to the State Council on their progress in achieving energy conservation targets.

Article 7 The State shall implement industrial policies that are conducive to energy conservation and environment protection, limit industries that are high in energy consumption and pollution discharge, and shall develop industries that are energy-saving and environmentally friendly.
The State Council and the People's Governments of provinces, autonomous regions and centrally governed municipalities shall step up efforts in energy conservation; rationally adjust industrial structures, enterprise structures, product structures and energy consumption structures; encourage enterprises to reduce energy consumption per unit of output value and energy consumption per product; eliminate backward production capabilities; improve energy development, processing, transformation, transportation, storage and its supply; and increase energy utilization efficiency.
The State shall encourage and support the development and utilization of new energy resources and renewable energy resources.

Article 8 The State shall encourage and support the research, development, demonstration and dissemination of energy conservation science and technologies, and shall promote innovation and advancement of energy conservation technologies.
The State shall carry out publicity and education programs in energy conservation, include knowledge of energy conservation in its national education and training systems, spread scientific knowledge of energy conservation among the people, enhance the nation's awareness of energy conservation, and advocate energy-saving consumption patterns.

Article 9 All units and individuals shall fulfill the obligations in energy conservation, and shall have the rights to report acts of wastefulness of energy resources.
 
The news media shall publicize the laws, regulations and policies in relation to energy conservation, and shall fulfill the supervision and monitoring functions of the press.

Article 10 The department regulating energy conservation under the State Council shall take charge of supervision and administration of energy conservation nationwide. The relevant departments under the State Council shall take responsibility for the work in energy conservation supervision and administration within their respective functions and duties, and shall be subject to the guidance from the department regulating energy conservation under the State Council.
The departments regulating the energy conservation under the People's Governments at the county level or above shall take charge of supervision and administration of energy conservation within their respective administrative regions. The relevant departments under the People's Governments at the county level or above shall take responsibility for the work in energy conservation supervision and administration within their respective functions and duties, and shall be subject to the guidance from the departments regulating energy conservation at corresponding levels.

Chapter Two Administration Of Energy Conservation

Article 11 The State Council and the People's Governments at the county level or above shall strengthen leadership in energy conservation, and shall dispose, coordinate, supervise, inspect and promote work in energy conservation.

Article 12 The departments regulating energy conservation under the People's Governments at the county level or above and other relevant departments shall step up supervision and inspection of the implementation of energy conservation laws, regulations and standards within their respective functions and duties, and shall investigate and prosecute any unlawful energy-consuming activities in accordance with the law.
 
In carrying out their duties in energy conservation supervision and administration, the relevant departments shall not collect any fees from those subject to such supervision and management.

Article 13 The department of standardization administration under the State Council and other relevant departments under the State Council shall formulate and amend in good time national and industrial standards in energy conservation, and shall establish a sound and complete system of energy conservation standards.
 
The department of standardization administration under the State Council, in conjunction with the department regulating energy conservation under the State Council and other relevant departments under the State Council, shall establish compulsory energy efficiency standards for energy-consuming products and equipment, and compulsory per-product energy consumption limitation standards for products that consume inordinate amounts of energy during production.
 
The State shall encourage enterprises to establish energy conservation standards that are stricter than the national and industrial standards.
 
Except where otherwise stipulated in this Law, where provinces, autonomous regions and centrally governed municipalities establish regional energy conservation standards that are stricter than the compulsory national and industrial standards, the People's Governments of provinces, autonomous regions and centrally governed municipalities shall submit them to the State Council for approval.

Article 14 The national and industrial building energy conservation standards shall be formulated by the administrative department of construction under the State Council, and shall be published in accordance with the legal procedure.
 
The administrative departments of construction under the People's Governments of provinces, autonomous regions and centrally governed municipalities may formulate regional building energy conservation standards that are stricter than the national or industrial standards according to their actual local conditions, and shall file such regional standards with the department of standardization administration and the administrative department of construction under the State Council for the record.

Article 15 The State shall implement an energy conservation assessment and audit system for fixed asset investment projects. For projects that do not meet the compulsory energy conservation standards, the institutions legally in charge of project examination and approval shall not approve or authorize the construction thereof; the construction entity may not start construction; and the completed constructions may not be put into production or use. The detailed measures shall be formulated by the department regulating energy conservation under the State Council in conjunction with other relevant departments under the State Council.

Article 16 The State shall practise an elimination system for energy-consuming products, equipment and production techniques that are backward and high in energy consumption. The catalogues and the implementation measures for the to-be-eliminated energy-consuming products, equipment and production techniques shall be formulated and published by the department regulating energy conservation under the State Council in conjunction with other relevant departments under the State Council.
 
The production units that consume inordinate amounts of energy during production shall be subject to per-product energy consumption limitation standards. The production units that go over the limitation shall be ordered to correct the situation within a specified time limit by departments regulating energy conservation within the authority granted by the State Council.
 
Special high-energy-consuming equipment shall be subject to energy conservation examination and supervision according to the regulations of the State Council.

Article 17 It is prohibited to produce, import or sell energy-consuming products and equipment that are phased out by express State order or that do not meet compulsory energy efficiency standards; it is prohibited to utilize energy-consuming equipment and production techniques that are phased out by express State order.

Article 18 The State shall implement energy-efficiency labeling administration for widely-used and high-energy-consuming products such as electrical home appliances. The catalogues and the implementation measures for the products under energy-efficiency labeling administration shall be formulated and published by the department regulating energy conservation under the State Council in conjunction with the product quality supervisory department under the State Council.

Article 19 The producers and importers of energy-consuming products that are included in the catalogues of the products under state energy-efficiency labeling administration shall attach energy-efficiency labels, explain the labels on product packaging or product manuals, and shall file such information with the institutions jointly authorized by the product quality supervisory department under the State Council and the department regulating energy conservation under the State Council for the record pursuant to regulations.
 
Producers and importers shall be responsible for the accuracy of the energy-efficiency labels labeled by them and the relevant information. Sales of unlabelled products that should have energy-efficiency labels attached are prohibited.
 
It is prohibited to forge or infringe upon energy-efficiency labels, or to use energy-efficiency labels for false and misleading propaganda.

Article 20 Producers and sellers of energy-consuming products may submit, on a voluntary basis and in accordance with State provisions relating to energy-saving product authentication, applications for energy-saving product authentication to the energy-saving product authentication institutions acknowledged by the authentication ratification and supervision authorities under the State Council; those who pass the authentication may, after obtaining energy-saving product authentication certificates, attach energy-saving product authentication labels to energy-consuming products or their packaging.
 
It is prohibited to use forged energy-saving product authentication labels or to infringe upon energy-saving product authentication labels.

Article 21 The statistics departments under the People's Governments at the county level or above, in conjunction with the relevant departments at corresponding levels, shall establish a sound and complete energy statistics system, improve the indexing framework for energy statistics, ameliorate and standardize energy statistical methods, and shall ensure the accuracy and completeness of energy statistical data.
 
The statistics department under the State Council, in conjunction with the department regulating energy conservation under the State Council, shall make public at regular intervals information on energy consumption and conservation in various provinces, autonomous regions, centrally governed municipalities and major energy-consuming industries.

Article 22 The State shall encourage the development of energy conservation service agencies, and shall provide support to such agencies in the provision of consultancy, design, evaluation, inspection, auditing and authentication services in energy conservation.
 
The State shall provide support to energy conservation service agencies to publicize energy conservation knowledge and conduct energy-saving technology training and to provide energy conservation information, demonstration and other energy conservation services of a public welfare nature.

Article 23 The State shall encourage industry associations to fulfill their roles in energy conservation planning, energy-conservation standard enactment and implementation, energy conservation technology dissemination, energy consumption statistics, energy conservation publicity and training as well as their roles in providing consultancy services.

Chapter Three Rational Energy Utilization And Conservation

Section One General Provisions

Article 24 Energy-consuming units shall strengthen energy conservation management, formulate and implement energy conservation plans and technical measures of energy conservation, and shall reduce energy consumption in accordance with the principle of rational energy utilization.

Article 25 Energy-consuming units shall establish an energy conservation target responsibility system, and shall reward those individuals and entities who have made achievements in energy conservation.

Article 26 Energy-consuming units shall regularly conduct energy conservation education and on-the-job training.

Article 27 Energy-consuming units shall strengthen energy quantification management, and shall be equipped with and utilize in accordance with the regulations energy measurement instruments that are approved upon examination according to the law.
 
Energy-consuming units shall establish an analysis system for energy consumption statistics and energy utilization, compile categorized measurement and statistics for energy consumption of all kinds, and shall ensure the accuracy and completeness of energy consumption statistical data.

Article 28 Energy production and operation units shall not provide their own employees with energy resources free of charge. No units shall practise any contractual lump-sum fee system for energy consumption.

Section Two Industrial Energy Conservation

Article 29 The State Council and the People's Governments of provinces, autonomous regions and centrally governed municipalities shall promote the optimal exploitation and utilization of energy resources and their rational deployment, promote the adjustment of industrial structures that are conducive to energy conservation, and shall optimize energy consumption structure and enterprise layout.

Article 30 The department regulating energy conservation under the State Council, in conjunction with other relevant departments under the State Council, shall formulate energy conservation technology policies for major energy-consuming industries such as electric power, steel, nonferrous metal, building materials, petroleum processing, chemical engineering and coal industries, and shall push forward energy conservation technology reforms for enterprises.

Article 31 The State shall encourage industrial enterprises to use such equipment as high-efficiency and energy-saving electric motors, boilers, furnaces, turbines and pumps, and to adopt such technologies as combined generation of heat and power, utilization of residual heat and pressure, clean coal, and advanced monitoring and control of energy consumption.

Article 32 Power grid enterprises shall practise, in accordance with the provisions on energy-saving generation and dispatching administration laid down by the relevant department under the State Council, parallel operations of power grids together with clean, highly-efficient and regulation-compliant combined generation of heat and power, power generation units based on residual heat and pressure, or with other power generation units in compliance with the regulations on comprehensive utilization of all resources. On-grid pricing shall comply with the relevant regulations of the State.

Article 33 It is prohibited to build new coal-fired generating units, oil-fired generating units or coal-based thermal generating units that are inconsistent with State regulations.

Section Three Building Energy Conservation

Article 34 The administrative department of construction under the State Council shall take charge of supervision and administration of building energy conservation nationwide.
 
The administrative departments of constructions under the People's Governments at the county level or above shall take charge of supervision and administration of building energy conservation within their respective administrative regions.
 
The administrative departments of construction under the People's Governments at the county level or above, in conjunction with the departments regulating energy conservation at the corresponding levels, shall formulate plans for building energy conservation within their respective administrative regions. Building energy conservation planning shall include plans for energy conservation reform of existing buildings.

Article 35 The entities in charge of building, design, construction or supervision of building engineering projects shall comply with standards of building energy conservation.
 
For building engineering projects that do not meet building energy conservation standards, the administrative departments of construction shall not approve the start of new constructions; the constructions already in progress shall be suspended and ordered a correction within a specified time limit; and the completed constructions shall not be sold or put into use.
 
The administrative departments of construction shall step up supervision and examination of the implementation of energy conservation standards for building engineering projects in progress.

Article 36 In house sales, housing development companies shall expressly disclose to buyers such information as energy conservation measures in the house or warranty period for thermal insulation, record such information in the property purchase contracts, quality guarantees and instruction manuals, and shall be responsible for the truthfulness and accuracy of the information.

Article 37 Indoor temperature controls shall be applied to public buildings that use air-conditioning for heating and cooling. Detailed measures shall be formulated by the administrative department of construction under the State Council.

Article 38 The State shall take measures to apply the system of household-based heat metering and heat-usage-based fee collection to the buildings with centralized heat supplies in several steps. In the construction of new buildings or the reform of existing buildings, heat metering appliances, indoor temperature controls and heat supply control devices shall be installed in accordance with the regulations. Detailed measures shall be formulated by the administrative department of construction under the State Council in conjunction with other relevant departments under the State Council.

Article 39 The relevant departments under the People's Governments at the county level or above shall strengthen administration of electricity conservation in urban areas, and shall strictly control energy consumption by public facilities and decorative landscape lighting of large buildings.

Article 40 In the construction of new buildings or the reform of existing buildings, the State shall encourage the utilization of energy-saving building materials like new wall materials and energy-saving equipment, and shall encourage the installation and application of renewable energy use systems such as solar energy.

Section Four Transportation Energy Conservation

Article 41 The relevant administrative departments of transportation under the State Council shall, in accordance with their respective functions and duties, take charge of energy conservation supervision and administration in their respective sectors nationwide.
The relevant administrative departments of transportation, in conjunction with the department regulating energy conservation under the State Council, shall formulate energy conservation plans in their respective sectors.

Article 42 The State Council and the relevant departments shall direct and promote the coordinated development and efficient connection of all transportation modes, optimize the transportation structure, and build an energy-saving integrated transportation system.

Article 43 The People's Governments at the county level or above shall give priorities to developing public transportation, increase investments in public transportation, improve public transportation services and encourage the utilization of public transportation; and shall encourage the use of non-motorized transportation.

Article 44 The relevant administrative departments of transportation under the State Council shall step up the organization and management of the transportation sector, and shall direct road, water and air transportation enterprises to enhance their organizational structure and intensity, with the aim of improving energy utilization efficiency.

Article 45 The State shall encourage the development, production and use of energy-saving and environment-friendly automobiles, motorcycles, railway locomotives, boats and ships and other transportation vehicles, and shall implement a system of scrapping and upgrading old and obsolete transportation vehicles.
 
The State shall encourage the development and promote the use of clean fuels and petroleum-replacement fuels for transportation vehicles.

Article 46 The relevant departments under the State Council shall set limits for fuel consumption by commercial transportation vehicles and vessels; those that do not meet the requirements shall not be put into operation.
 
The relevant administrative departments of transportation under the State Council shall strengthen the supervision and administration of inspections and measurement of fuel consumptions by commercial transportation vehicles and vessels.

Section Five Public Body Energy Conservation

Article 47 Public bodies shall practise energy conservation, stop wastefulness, take the lead in using energy-saving products and equipment, and shall increase energy utilization efficiency.
 
For the purposes of this Law, the term "public bodies" refers to state agencies, business institutions and public organizations that are wholly or partially funded by fiscal revenues.

Article 48 The State Council and the administrative departments of general affairs under the People's Governments at the county level or above, in conjunction with the relevant departments at corresponding levels, shall formulate and organize the implementation of energy conservation plans for the public bodies at corresponding levels. Energy conservation planning for public bodies shall include plans for energy conservation reform of existing buildings.

Article 49 Public bodies shall develop annual energy conservation targets and implementation plans, step up management of energy consumption measurement and control, and shall report to the administrative departments of general affairs under the People's Government at corresponding levels on energy consumption of the prior year.
 
The State Council and the administrative departments of general affairs under the People's Governments at the county level or above, in conjunction with the relevant departments at corresponding levels, shall establish the energy consumption quota for the public bodies at corresponding levels in accordance with their management authority. The departments of finance shall establish the criteria of energy consumption expenditure based on this quota.

Article 50 Public bodies shall strengthen management of energy utilization systems in their own units, and shall ensure that their energy utilization systems are operated according to the relevant national standards.
 
Public bodies shall conduct energy auditing in accordance with the regulations, and shall take measures to improve energy utilization efficiency based on the energy auditing results.

Article 51 In procuring energy-consuming products and equipment, public bodies shall give priorities to the products and equipment included in government purchase catalogues of energy-saving products and equipment. It is prohibited to purchase energy-consuming products and equipment that are phased out by express State order.
 
Government purchase catalogues of energy-saving products and equipment shall be formulated and published by the departments supervising government procurements under the People's Governments at the provincial level or above in conjunction with the relevant departments at corresponding levels.

Section Six Energy Conservation for Key Energy-consuming Units

Article 52 The State shall step up energy conservation administration over key energy-consuming units.
 
The following energy-consuming units shall be key energy-consuming units
 
1. energy-consuming units with aggregate annual energy consumption over 10,000 tons of standard coal; and
 
2. energy-consuming units designated by the relevant departments under the State Council or the departments regulating energy conservation under the People's Governments of provinces, autonomous regions and centrally governed municipalities, with an aggregate annual energy consumption of over 5,000 tons but below 10,000 tons of standard coal.
 
Energy conservation management measures applicable to key energy-consuming units shall be formulated by the department regulating energy conservation under the State Council in conjunction with other relevant departments under the State Council.

Article 53 Key energy-consuming units shall report annually to the departments regulating energy conservation on the status of energy utilization in the prior year. The report on energy utilization shall cover such issues as energy consumption, energy utilization efficiency, results in achieving energy conservation targets, analysis of energy conservation benefits and energy-saving measures.

Article 54 The departments regulating energy conservation shall review and examine the reports from key energy-consuming units on their energy utilization status. For those key energy-consuming units whose energy conservation administrative systems are incomplete, or whose energy conservation measures are not effectively implemented, or whose energy utilization is inefficient, the departments regulating energy conservation shall carry out on-site investigations, organize energy efficiency inspections of energy-consuming equipment, order an energy audit, and shall issue a written request for correction within a specified time limit.

Article 55 Key energy-consuming units shall set up energy management posts, employ energy management personnel from among staff members who have professional energy conservation knowledge, practical experience and technical titles above the intermediate level, and shall file such information with the departments regulating energy conservation and the relevant departments for the record.
 
Energy management personnel shall be responsible for analyzing and evaluating the status of energy utilization in their own units, organizing the compilation of reports on energy utilization within their units, and proposing and implementing improvement measures for energy conservation within their units.
 
Energy management personnel shall receive training in energy conservation.

Chapter Four Energy Conservation Technology Advancement

Article 56 The department regulating energy conservation under the State Council, in conjunction with the administrative department of science and technology under the State Council, shall publish energy-saving technology policy outlines, and shall direct research, development as well as application and dissemination of energy conservation technologies.

Article 57 The People's Governments at the county level or above shall make research and development of energy conservation technologies the focus of government technology investment, support scientific research units and enterprises to conduct applied research on energy conservation technology, to formulate energy conservation standards, and to develop general and key energy conservation technologies, and shall promote innovation and transfer of energy conservation technologies.

Article 58 The department regulating energy conservation under the State Council, in conjunction with other relevant departments under the State Council, shall formulate and publish promotion catalogues for energy conservation technologies and energy-saving products, and shall guide energy-consuming units and individuals to utilize advanced energy conservation technologies and energy-saving products.
 
The department regulating energy conservation under the State Council, in conjunction with other relevant departments under the State Council, shall organize major scientific research programs for energy conservation, demonstration programs for energy conservation and key projects for energy conservation.

Article 59 The People's Governments at the county level or above shall, pursuant to the principles of local condition adaptation, complementarity of multiple energy resources, integrated utilization and benefit-seeking, strengthen energy conservation in agriculture and in rural areas, and shall increase fund investment in the application and promotion of energy conservation technologies and energy-saving products in agriculture and in rural areas.
 
The relevant departments regulating agriculture or science and technology work shall support and promote the application of energy conservation technologies and energy-saving products in agricultural production and in agricultural product processing, storage and transportation, and shall encourage upgrading or eliminating high-energy-consuming agricultural machinery and fishing vessels.
 
The State shall encourage and support the vigorous development of methane in rural areas, promote the utilization of renewable energy resources such as biomass energy, solar energy and wind power, develop small-scale hydropower generation based on the principles of scientific planning and orderly development, promote energy-saving-type rural houses and furnaces, encourage the utilization of non-cultivated lands for energy plants, and shall energetically develop energy forests such as firewood forests.

Chapter Five Incentive Measures

Article 60 Financial institutions of the central government and local financial institutions at the provincial level shall arrange special energy conservation supporting funds for research and development in energy conservation technologies, demonstration and promotion of energy-saving technologies and products, implementation of key projects for energy conservation, energy conservation publicity and training, information services and for commendations and rewards.

Article 61 In the production and utilization of energy conservation technologies and energy-saving products included in the promotion catalogues in Article 58 herein, where supports are needed, the State shall practise supportive policies such as preferential tax policies.
 
The State shall support, in the form of financial subsidies, the promotion and utilization of energy-saving products such as lighting fixtures.

Article 62 The State shall practise tax polices conducive to energy resource conservation, improve compensation systems for use of energy and mineral resources, and shall promote energy resource conservation as well as enhancement in resource exploitation and utilization.

Article 63 The State, by utilizing tax policies, shall encourage imports of advanced energy conservation technologies and equipment, and shall control exports of products that have high energy consumption and that create inordinate amounts of pollution during production.

Article 64 The departments supervising government procurements, in conjunction with relevant departments, shall formulate government purchase catalogues of energy-saving products and equipment, and shall give priorities to including products and equipment that have obtained energy-saving product authentication certificates.

Article 65 The State shall guide financial institutions to increase credit supports for energy conservation projects in the form of preferential loans to qualified projects in such areas as research and development of energy conservation technologies, manufacturing of energy-saving products and energy conservation technology reforms.
 
The State shall encourage and guide relevant public parties to increase fund investment in energy conservation in order to accelerate energy conservation technology reforms.

Article 66 The State shall practise price policies conducive to energy conservation in order to guide energy-consuming units and individuals to conserve energy.
 
The State shall utilize fiscal policies and price policies to support and disseminate energy conservation measures such as power demand side management, contractual energy management and voluntary agreements for energy conservation.
 
The State shall practise grid pricing systems including time-of-use pricing programs, season-of-use pricing programs and power grid dispatching programs in order to encourage power users to adjust their power consumption; the State shall practise differential grid pricing policies for the steel, ferrous metal, building materials, chemical engineering and other major energy consumption industries, with such policies divided into one aimed at elimination, restriction, permission and encouragement, as the case may be.

Article 67 The People's Governments at all levels shall commend and reward those units and individuals that have made significant achievements in energy conservation administration and in research, promotion and applications of energy conservation science and technologies, and those units and individuals that have reported acts of severe wastefulness of energy resources.

Part Six Legal Liability

Article 68 Where an agency in charge of examining and approving or authoring fixed asset investment projects violates the provisions of this Law by approving or authorizing the building of projects that do not meet the compulsory energy conservation standards, people in direct charge or people held to be directly responsible shall be punished in accordance with the law.
 
Where construction companies of fixed asset investment projects start construction of projects that do not meet the compulsory energy conservation standards or put such projects into production or use, the departments regulating energy conservation shall order such companies to stop construction or to halt production and use and to correct the projects within a specified time limit. Where production-oriented projects cannot be corrected or where such projects are not corrected within the specified period of time, the departments regulating energy conservation shall apply to the People's Governments at corresponding levels which shall order to shut down the projects within the authority granted by the State Council.

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Article 70 Where energy-consuming products or equipment that do not meet the compulsory energy efficiency standards are produced, imported or sold, product quality supervisory departments shall order the cease of production, imports and sales, confiscate illegally produced, imported or sold energy-consuming products and equipment as well as any illegal gains, and shall impose a fine of over one and below five times the amount of illegal gains; where the circumstances are serious, the administrative departments for industry and commerce shall revoke business licenses.

Article 71 Where energy-consuming equipment or production techniques phased out by express State order are used, the departments regulating energy conservation shall order the cease of use, and shall confiscate the energy-consuming equipment phased out by express State order; where the circumstances are serious, the departments regulating energy conservation may come up with suggestions and submit them to the People's Governments at corresponding levels which shall order to suspend operations for rectification or order a shut down within the authority granted by the State Council.

Article 72 For production units exceeding per-product energy consumption limitation standards, where the circumstances are serious and where the said units fail to conduct corrections or to satisfy correction requirements within a specified time limit, the departments regulating energy conservation may come up with suggestions and submit them to the People's Governments at corresponding levels which shall order to suspend operations for rectification or order a shut down within the authority granted by the State Council.

Article 73 Where, in contravention of the provisions contained hereof, energy efficiency labels that should have been attached are not attached, product quality supervisory departments shall order a correction and shall impose a fine of over CNY30,000 and below CNY50,000.
 
Where, in contravention of the provisions contained hereof, energy efficiency labels are not filed for the record or where the energy efficiency labels used do not satisfy the requirements, product quality supervisory departments shall order a correction within a specified time limit; where the correction fails to be completed within the specified time limit, a fine of over CNY10,000 and below CNY30,000 shall be imposed.
 
Where energy efficiency labels are forged or infringed upon, or where energy efficiency labels are used for fake and false advertising, product quality supervisory departments shall order a correction, and shall impose a fine of over CNY50,000 and below CNY100,000; where the circumstances are serious, administrative departments for industry and commerce shall revoke business licenses.

Article 74 Where energy-consuming units fail to be equipped with or to utilize energy measurement instruments, product quality supervisory departments shall order a correction within a specified time limit; where the correction fails to be completed within the specified time limit, a fine of over CNY10,000 and below CNY50,000 shall be imposed.

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Article 76 Where false or misleading information is provided by service agencies in consultancy, design, evaluation, inspection, auditing and authentication services in relation to energy conservation, the departments regulating energy conservation shall order to correct the situation within a specified time limit, confiscate any illegal gains, and shall impose a fine of over CNY50,000 and below CNY100,000.

Article 77 Where a unit provides energy resources free of charge to its own employees, or where contractual lump-sum fee systems on energy consumption are practiced, the departments regulating energy conservation shall order to correct the situation within a specified time limit; where correction fails to be completed within the specified time limit, a fine of over CNY50,000and below CNY200,000 shall be imposed.

Article 78 Where power grid enterprises fail to practise, as required by this Law, parallel operations of power grids together with regulation-compliant combined generation of heat and power or with power generation units based on residual heat and pressure, or where power grid enterprises fail to implement relevant state regulations with respect to on-grid pricing, state electricity regulatory agencies shall order a correction; where economic losses are caused to the power-generation enterprises, such power grid enterprises shall be liable for compensation in accordance with the law.

Article 79 Where construction companies violate building energy conservation standards, the administrative departments of construction shall order a correction, and shall impose a fine of over CNY200,000 and below CNY500,000.
 
Where design, construction or supervision companies violate building energy conservation standards, the administrative departments of construction shall order a correction, and shall impose a fine of over CNY100,000 and below CNY500,000; where the circumstances are serious, the departments issuing qualification certificates shall demote the qualification level or revoke the qualification certificates; where any loss is caused, such companies shall be liable for compensation in accordance with the law.

Article 80 Where, in contravention of this Law, housing development companies fail to expressly disclose to buyers in house sales such information as energy conservation measures of the house or warranty period for thermal insulation, the administrative departments of construction shall order a correction within a specified time limit; where the correction fails to be completed within the specified time limit, a fine of over CNY30,000 and below CNY50,000shall be imposed; where false or fake publicity of the above information is made, the administrative departments of construction shall order a correction and shall impose a fine of over CNY50,000and below CNY200,000.

Article 81 Where public bodies, in procuring energy-consuming products and equipment, fail to give priorities to the products and equipment included in the government purchase catalogues of energy-saving products and equipment, or where public bodies procure energy-consuming products and equipment phased out by express State order, the departments supervising government procurements shall issue a warning and may impose a fine at the same time; people in direct charge or people held to be directly responsible shall be punished in accordance with the law and shall be criticized in public notices.

Article 82 Where key energy-consuming units fail to submit reports on energy utilization status as required by this Law, or where such units report fake or false information, the departments regulating energy conservation shall order a correction within a specified time limit; where the correction fails to be completed within the specified time limit, a fine of over CNY10,000 and below CNY50,000shall be imposed.

Article 83 Where key energy-consuming units refuse to effectively implement the correction requirements in Article 54 herein without any justifiable grounds, or where the correction requirements are not satisfied, the departments regulating energy conservation shall impose a fine of over CNY100,000 and below CNY300,000.

Article 84 Where key energy-consuming units fail to, as required by this Law, set up energy management posts, employ energy management personnel, and file the information with the departments regulating energy conservation and the relevant departments for the record, the departments regulating energy conservation shall order a correction; where the correction is rejected, a fine of over CNY10,000 and below CNY30,000 shall be imposed.

Article 85 Where this Law is violated and any crime is constituted, criminal liabilities shall be pursued in accordance with the law.

Article 86 If any State functionary abuses his/her power, neglects his/her duty or conducts malpractices for personal gains in the course of energy conservation administration, where the case constitutes a crime, criminal liabilities shall be pursued against the said individual; where the case does not constitute a crime, the said individual shall be given administrative sanctions in accordance with the law.

Chapter Seven Supplementary Provisions

Article 87 This Law shall be implemented as of 1 April 2008.

 

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