Article 45 The administrative departments of circular economy development of the people's governments at or above the county level shall, when making and implementing investment plans, list the energy-saving, water-saving, land-saving and material-saving projects as well as projects of comprehensive utilization of resources as the key areas of investment.
For energy-saving, water-saving, land-saving and material-saving projects as well as projects of comprehensive utilization of resources that meet the requirements of the state industrial policies, financial institutions shall give credit support such as priority in obtaining loans, and actively provide supporting financial services.
No financial institution may provide any form of credit support to enterprises that produce, import, distribute or use any of the technologies, techniques, equipment, materials or products listed in the eliminated category.

Article 46 The state adopts a price policy that contributes to the conservation and reasonable utilization of resources so as to guide entities and individuals to save and reasonably use water, electric power, gas and other resource products.
The competent department of price under the State Council and those under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall apply restrictive price policies to the restricted items in industries of high resource consumption.
For the grid-connected power generation projects with waste heat, waste pressure, coal bed gas, coal slack, slime, refuse and other low-calorie fuels, the competent department of price shall determine its on-grid power price under the principle of being good for the comprehensive utilization of resources.
The people's government of a province, autonomous region or municipality directly under the Central Government may, in light of the economic and social development situations of this administrative region, charge fees for the discharge of wastes. Such fees charged shall be exclusively used for sorting, collecting, transporting, storing, utilizing and disposing of refuse, and may not be used for any other purpose.
The state encourages the recycling of wastes by way of exchanging the old for the new or paying cash deposits.

Article 47 The state adopts a government procurement policy that is good for the development of circular economy. Entities and individuals purchasing goods with funds from the public finance shall give preference to energy-saving, water-saving, material-saving and environment-friendly products and recycled products.

Article 48 The people's governments at or above the county level and the competent departments thereof shall honor and reward the entities and individuals that have made great achievements in the management, scientific and technological research, product development and the demonstration and promotion relating to circular economy.
Enterprises and public institutions shall honor and reward the collectives and individuals that have made great contributions to the development of circular economy.

Chapter VI Legal Responsibility

Article 49 Where the administrative department of circular economy development under a people's government at or above the county level or any other competent department fails to investigate into any violation which is found by itself or reported by any other party, or has any other failure to perform its supervision and administration duties according to law, the people's government at the same level or a competent department of the people's government at the next higher level shall order it to correct and impose punishments upon the directly liable person-in-charge and other directly liable persons.

Article 50 Any enterprise producing or selling any product or equipment listed in the eliminated category shall be punished in accordance with the Product Quality Law of the People's Republic of China.
Where any enterprise uses any technology, technique, equipment or material listed in the eliminated category, the administrative department of circular economy development under the local people's government at or above the county level shall order it to stop such use, confiscate the illegally used equipment or material, and impose a fine of not more than 200,000 yuan but not less than 50,000 yuan. If the circumstances are serious, the administrative department of circular economy development may submit its opinions to the people's government at the same level and request the latter to order, within its authority prescribed by the State Council, the enterprise to wind up its business or close down.
Where any enterprise, in violation of this Law, imports any equipment, material or product listed in the eliminated category, the customs shall order it to return such equipment, material or product, and may impose a fine of not more than one million yuan but not less than 100,000 yuan. If the importer is unidentified, the carrier shall be responsible for returning the goods or paying the relevant disposal costs.

Article 51 Where any enterprise designs the use of any poisonous and harmful substance listed in the prohibited category of the state in any electric apparatus, electronic product or other product which may cause environmental pollution in the process of dismantlement or disposal, the product quality control department of the local people's government at or above the county level shall order it to correct within a certain time limit, impose a fine of not more than 200,000 yuan but not less than 20,000 yuan upon it if it refuses to correct within the time limit, and, if the circumstances are serious, notify the administrative department for industry and commerce of the situation and the latter shall revoke the business license of the enterprise according to law.

Article 52 Where any enterprise in electric power, petroleum processing, chemical industry, steel, non-ferrous metal or building materials, as in violation of this Law, fails to stop using a fuel generator set or oil boiler which fails to meet the prescribed standards of the state within a prescribed scope or time limit, the administrative department of circular economy development under the local people's government at or above the county level shall order it to correct within a certain time limit, and, if it fails to correct within the time limit, order it to dismantle the fuel generator set or oil boiler, and impose a fine of not more than 500,000 yuan but not less than 50,000 yuan upon it.

Article 53 Where any mining enterprise, as in violation of this Law, fails to reach such indicators predetermined upon examination as mining recovery rate, impoverishment rate, milling recovery rate, water reutilization rate in mines, and land re-reclamation rate, the administrative department of circular economy development under the local people's government at or above the county level shall order it to correct within a certain time limit and impose a fine of not more than 500,000 yuan but not less than 50,000 yuan upon it. If the enterprise fails to correct within the time limit, the organ issuing the mining license to the enterprise shall revoke its mining license according to law.

Article 54 Where any enterprise, as in violation of this Law, produces, sells or uses clay bricks in a period or area when or where the production, sale or use of clay bricks is prohibited by the State Council or the people's government of a province, autonomous region or municipality directly under the Central Government, the department appointed by the local people's government at or above the county level shall order it to correct within a certain time limit and confiscate the illegal gains, if any. If it continues to do so after the prescribed time limit expires, the administrative department for industry and commerce of the local people's government shall revoke its business license according to law.

Article 55 Where any power grid enterprise, as in violation of this Law, refuses to purchase the electric power generated by an enterprise with waste heat, waste pressure, coal bed gas, coal slack, slime, refuse or other low-calorie fuels, the power regulatory organ of the state shall order it to correct within a certain time limit and, if any losses are incurred to the enterprise, to make compensation according to law.

Article 56 Where any enterprise, as in violation of this Law, commits any of the following acts, the administrative department for industry and commerce of the local people's government shall order it to correct within a certain time limit, and may impose a fine of not more than 50,000 yuan but not less than 5000 yuan upon it. If it fails to correct within the time limit, the administrative department for industry and commerce shall revoke its business license, and order it to make compensation if any loss has been incurred:

1. selling any re-utilized electric apparatus or electronic product which does not have the special label for re-utilized products; or
   

2. selling any reproduced or renewed product which does not have the special label for reproduced or renewed products.

Article 57 Where any enterprise violates this Law so that a crime is constituted, it shall be subject to corresponding criminal responsibility.

Chapter VII Supplementary Provisions

Article 58 These Measures shall come into force on January 1, 2009.

Original Reference link:

http://www.lawinfochina.com/display.aspx?id=7025&lib=law#

By / Maggie N.