CBCGDF Ten Recommendations on Energy Law Revision Have Been Submitted to the National Energy Administration | CBCGDF Policy and Research Department (I)
2020/5/13 13:04:00 本站

Recently, the National Energy Administration announced the "Energy Law of the People's Republic of China (Draft for Comment)" (hereinafter referred to as "Draft for Comment"), which is open to solicit public opinions. After careful discussion and research, China Biodiversity Conservation and Green Development Foundation (CBCGDF) proposed ten amendment proposals for the "Draft for Comment" and submitted it to the National Energy Administration by email on May 9.


I. "Addressing climate change" and "Advancing the construction of ecological civilization" should be clearly written into the purpose of legislation


Enacting energy laws not only regulates development and utilization, but also responds to the current global attention to climate change response and the requirements of China ’s ecological civilization construction. However, the relevant content is not reflected in the legislative purpose of the Draft for Comment.


It is proposed to amend Article 1 [Legislative Purpose] to read: "In order to regulate energy development and utilization and supervision and management, ensure energy security, and optimize energy structure, to address climate change, improve energy efficiency, promote high-quality development of energy, and promote the construction of ecological civilization in China, this law is formulated in accordance with the Constitution. "


II. Provisions should strive to be clear and specific, and enhance the operability of the law


Generally speaking, the provisions of the "Draft for Comment" have more oath-like and advocacy-like contents, and the characteristics of language expression of policy nature are outstanding, for example, Article 3 [Strategy and System], Article 22 [Position and Content of Energy Strategy], etc.


It is recommended that the proposed provisions should be clear and specific and should be expressed in legal language as much as possible to make it a useful and effective law.


III. Adjust the general provisions, optimize the style structure


The general content of the "Draft for Comment" is partly scattered and has a lot of content, and some articles can be included in specific chapters.


It is recommended to adjust the general provisions to reduce the existing 21 to 11:


1. Place Article 3 [Strategy and System] in Article 22 of Chapter 2 and add a prohibitive provision, namely: "No changes may be made after the plan is formulated." "If there is a need to change the plan due to an emergency or public interest, strict modification procedures should be performed. Those who change the plan at will, should bear corresponding legal responsibilities."


2. Place Article 6 [Safety Reserve and Emergency] in Article 74 of Chapter 6.


3. Put Article 7 [Safety Production] in Article 34 of Chapter 3.


4. Place Article 8 [Activity Standards] and Article 9 [Construction Land] in Chapter 3.


5. Place Article 10 [Professional Services], Article 11 [Industry Association], and Article 14 [Energy Marketization] in Chapter 5.


6. Place Article 12 [Universal Service] in Article 58 of Chapter 4.


7. Place Article 13 [Supporting Rural Energy] in Article 52 of Chapter 4.


The remaining first, second, fourth, fifth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twenty, and twenty-one are reserved as general provisions content.


Among them, it is recommended to amend Article 5 [Science and Technology Innovation] to read: "The State formulates energy technology and economic policies and conducts economic evaluation of new technology routes, encourage and support the research, development and promotion of energy science and technology, and promote independent innovation and industrialization of energy science and technology. The state encourages energy technology innovation.


Those who make important contributions to energy technology innovation should be rewarded. "


IV. Highlight the principle of liability for damage to the ecological environment caused by energy development and utilization


Energy development and utilization are closely related to ecological resources and environmental protection, especially improper development and utilization can easily cause damage and damage to the ecological environment, and should bear corresponding civil, administrative or criminal legal responsibilities according to law. However, the "Draft for Comment" does not specify the legal principle of liability for damage, but only considers "environmental damage costs" in the factors of Article 67 [Price Cost Supervision and Examination].


It is recommended that the "Draft for Comment" highlight the principle of responsibility for the damage to the ecological environment caused by the use of energy development, which is clearly stated in the first paragraph of Article 31 [Basic Principles]: "Energy development and processing conversion should follow the principles of rational layout, optimized structure, saving and high efficiency, clean and low carbon, and responsibility for damage."


V. High priority should be given to biodiversity conservation and environmental security


Biodiversity conservation and environmental security are important goals of energy development, utilization, supervision and management. In order to adapt to the new requirements for the transformation of the energy system in the new era, it is recommended to include biodiversity conservation and environmental safety in the general provisions of the Energy Development and Processing Conversion chapter.


It is recommended to amend Article 34 [Safety Production, Environmental Protection and Response to Climate Change] to read: "Units and individuals engaged in energy development, processing and conversion activities shall abide by laws and administrative regulations concerning safety in production, occupational health and environmental protection, strengthen production safety management, reduce resource consumption, protect biodiversity, control and prevent pollution, reduce greenhouse gas emissions, and ensure environmental safety. "

Original Chinese article:


By / Maggie