Issuing authority:
Standing Committee of the National People's Congress
Order of the President of the People's Republic of China
(No.4)
The
Circular Economy Promotion Law of the People's Republic of China, which
was adopted at the 4th session of the Standing Committee of the 11th
National People's Congress of the People's Republic of China on August
29, 2008, is hereby promulgated and shall come into force on January 1,
2009.
President of the People's Republic of China: Hu Jintao
August 29, 2008
Circular Economy Promotion Law of the People's Republic of China
(adopted at the 4th session of the Standing Committee of the 11th National People's Congress of the People's Republic of China)
Chapter I General Principles | 第一章 总则 | |
Chapter II Basic Management Rules | 第二章 基本管理制度 | |
Chapter III Reduction | 第三章 减量化 | |
Chapter IV Reusing and Recycling | 第四章 再利用和资源化 | |
Chapter V Incentive Measures | 第五章 激励措施 | |
Chapter VI Legal Liabilities | 第六章 法律责任 | |
Chapter VII Supplementary Provisions | 第七章 附则 | |
Chapter I General Principles |
Article 1 This Law is formulated for the purpose of promoting the development of the circular economy, improving the resource utilization efficiency, protecting and improving the environment and realizing sustainable development.
Article 2 The term “circular economy” as
mentioned in these Measures is a generic term for the reducing, reusing
and recycling activities conducted in the process of production,
circulation and consumption.
The term “reducing” as mentioned in
these Measures refers to reducing the consumption of resources and the
production of wastes in the process of production, circulation and
consumption.
The term “reusing” as mentioned in these Measures refers
to using wastes as products directly, using wastes after repair,
renewal or reproduction or using part or all wastes as components of
other products.
The term “recycling” as mentioned in these Measures refers to using wastes as raw materials directly or after regeneration.
Article 3 Developing a circular economy is an important strategy for the economic and social development of the state. It requires making overall plans, making reasonable layouts, adjusting measures to local conditions and focusing on actual effect. The development of a circular economy shall be propelled by the government, led by the market, effected by enterprises and participated in by the public.
Article 4 The development of a circular
economy shall follow the principle of giving priority to reduction under
the precondition of being technically feasible, economically rational
and good for saving resources.
In the process of re-utilizing and
recycling wastes, production safety shall be guaranteed so as to ensure
that product quality satisfy the state standards and prevent the
secondary pollution.
Article 5 The administrative department of
circular economy development under the State Council shall take charge
of coordinating and supervising the development of the circular economy
of the whole nation. The environmental protection department and other
competent departments under the State Council shall take charge of the
corresponding supervisory and administrative work of the circular
economy according to their respective duties and functions.
The
administrative department of the development of the circular economy of a
local people's government at or above the county level shall take
charge of coordinating and supervising the development of the circular
economy of the administrative region, while the environmental protection
department and other competent departments under the local people's
government shall take charge of the corresponding supervisory and
administrative work of the circular economy according to their
respective duties and functions.
Article 6 The state shall work out industrial policies in accordance with the requirements for the development of a circular economy.
The
people's governments at or above the county level shall cover the
development of circular economy when working out their national economic
and social development plans and annual plans, so shall the relevant
departments thereunder when working out environmental protection plans
and scientific and technological development plans.
Article 7 The state encourages and supports the research, development and promotion of science and technology relating to circular economy, and encourages the publicity and education of circular economy, the popularization of scientific knowledge about and international cooperation in the development of circular economy.
Article 8 The people's governments at or above the county level shall set up an objective responsibility system for the development of circular economy and take such measures as planning, finance, investment and government procurement to promote the development of circular economy.
Article 9 Enterprises and public institutions shall set up management systems and take measures to reduce the consumption of resources, reduce the production and discharge of wastes and improve the reutilization and recycling level of wastes.
Article 10 Citizens shall enhance their
awareness of resources conservation and protecting the environment,
consume resources in a reasonable way and save resources.
The state
encourages and guides citizens to use products that save energy, water,
and materials as well as environment-friendly products and recycled
products so as to reduce the production and discharge of wastes.
Citizens
have the right to report acts of wasting resources and damaging the
environment, and have the right to access to government information
about the development of circular economy and propose their opinions and
suggestions.
Article 11 The state encourages industrial
associations to play the roles of technical guidance and service in the
development of circular economy. The people's governments at or above
the county level may entrust qualified industrial associations or other
social organizations to provide public services which promote the
development of circular economy.
The state encourages agencies,
societies and other social organizations to engage in the publicity,
technical promotion and consultancy service of circular economy so as to
promote the development of circular economy.
Chapter II Basic Management Rules
Article 12 The administrative department of
circular economy development under the State Council shall work out a
national circular economy development plan together with the
environmental protection department and other competent departments
under the State Council, and put the plan into effect upon the approval
of the State Council. The administrative department of circular economy
development at or above the level of a districted city shall work out a
circular economy development plan for this administrative region
together with the environmental protection department and other
competent departments at the same level, and put the plan into effect
upon the approval of the people's government at the same level.
A
circular economy development plan shall cover the objective, scope of
application, major contents, major tasks and safeguard measures of the
plan, and shall set such indicators as resource output capacity, waste
re-utilizing rate and waste recycling rate, etc.
Article 13 A local people's government at
or above the county level shall plan and adjust the industrial structure
of this administrative region according to the indicators on the
discharge of major pollutants, the land used for construction and the
total volume of water consumption as assigned by the people's government
at the next higher level so as to promote the development of circular
economy.
Construction projects shall be built, rebuilt or enlarged
in accordance with the requirements of the indicators on the discharge
of major pollutants, the land used for construction and the total volume
of water consumption of this administrative region.
Article 14 The administrative department of
circular economy development under the State Council shall work out a
circular economy evaluation indicator system and perfect it together
with the statistics department, the environmental protection department
and other competent departments under the State Council.
The
people's governments at a higher level shall, based on the major
evaluation indicators prescribed in the preceding paragraph, make
regular evaluations on the efforts made by the people's governments at
lower levels for the development of circular economy, and take the
accomplishment of the major indicators as a content for evaluating the
performance of the local people's governments and the principals
thereof.
Article 15 Enterprises producing products
or packages listed in the catalogue of articles subject to compulsory
recycle must be responsible for recycling deserted products or packages.
For those usable, the producers thereof shall be responsible for using
them, while for those products which are inappropriate for reutilization
due to the absence of technical or economic conditions, the producers
shall make them harmless.
For the deserted products or packages as
prescribed in the preceding paragraph, if the producers thereof entrust
the distributors or other organizations to recycle or entrust waste
using or disposing enterprises to use or dispose of them, the entrusted
parties shall recycle, use or dispose of them in accordance with the
relevant laws, administrative regulations or contractual stipulations.
For
products or packages listed in the catalogue of articles subject to
compulsory recycle, consumers shall deliver the deserted ones to the
producers or the distributors or other organizations entrusted by the
producers for recycle.
The catalogue of products and packages
subject to compulsory recycle and the administrative measures therefor
shall be determined by the administrative department of circular economy
development under the State Council.
(To be continued.)
Original Reference link:
http://www.lawinfochina.com/display.aspx?id=7025&lib=law#