Circular Economy Promotion Law of the People's Republic of China (Amended in 2018)
Circular Economy Promotion Law of the People's Republic of China (Amended in 2018)
Circular Economy Promotion Law of the People's Republic of China (Amended in 2018)
Order of the President of the People's Republic of China No. 16
October 26, 2018
(Adopted at the Fourth Session of the Standing Committee of the 11th National People's Congress on August 29, 2008; and amended in accordance with the Decision on Amending Fifteen Laws Including the Law of the People's Republic of China on the Protection of Wild Animals adopted at the Sixth Session of the Standing Committee of the 13th National People's Congress on October 26, 2018)
Contents
Chapter I General Provisions
Chapter II Basic Administrative System
Chapter III Decrement
Chapter IV Recycling and Resource Recovery
Chapter V Incentive Measures
Chapter VI Legal Responsibilities
Chapter VII Supplementary Provision
Chapter I General Provisions
Article 1 The Law is formulated for the purpose of facilitating circular economy, raising resources utilization rate, protecting and improving environment and realizing sustained development.
Article 2 The Circular Economy herein is the general term for the activities of decrement, recycling and resource recovery in production, circulation and consumption.
Decrement herein means the reduction of the resource consumption and waste generation in production, circulation and consumption.
Recycling herein means the direct use of wastes as products, or the use of wastes as products after repair, renovation or reproduction of them, or the use of wastes, wholly or partly, as parts of other products.
Resource recovery herein means the direct use of wastes as raw material, or waste regeneration.
Article 3 The promotion of circular economy is an important strategy for the national economic and social development, thus, the following guidelines shall be adhered to: comprehensive planning, reasonable layout, taking measures according to local conditions, emphasis on actual effects, government promotion, market orientation, enterprise implementation and public participation.
Article 4 The promotion of circular economy shall be implemented on the basis of being feasible in technology, reasonable in economy and conductive to saving resources and protecting environment in accordance with the principle of the priority of decrement.
In the process of waste recycling and resource recovery, efforts shall be made to guarantee production safety, ensure the quality of products meets standards provided by the State, and avoid re-pollution.
Article 5 The general administration for promoting circular economy under the State Council shall be responsible for organizing, coordinating and regulating national circular economy promotion works; relevant departments for ecological environment under the State Council shall be responsible for regulation works concerning circular economy according to their functions respectively.
General administrations for promoting circular economy under local people's governments above county level shall be responsible for organizing, coordinating and regulating works concerning circular economy promotion within their administrative jurisdictions; relevant departments for ecological environment under local people's governments above county level shall be responsible for regulation works concerning circular economy according to their functions respectively.
Article 6 Industrial policies formulated by the State shall meet the requirements for promoting circular economy.
Contents about the promotion of circular economy shall be included in any national economic and social development scheme and any annual planning formulated by any people's government above county level, and any planning regarding environmental protection and sci-tech development etc. formulated by any relevant department under the people's government above county level.
Article 7 The State encourages and supports the research, development and promotion of science and technology regarding circular economy, as well as the publicity, education and popularization of scientific knowledge of and international cooperation on circular economy.
Article 8 People's governments above county level shall establish a goal-responsibility system for circular economy promotion and take measures with respect to planning, finance, investment and government procurement, etc. to promote circular economy.
Article 9 Enterprises and institutions shall establish a sound management system and take measures to reduce resource consumption and the generation and discharge of wastes, and improve their recycling and resource recovery level.
Article 10 Citizens shall have a better sense of resource saving and environmental protection, consume reasonably and save resources.
The State encourages and guides citizens to use products and recycle products featured by energy saving, water saving, material saving and environmental protection, and reduce the generation and discharge of wastes.
Citizens are entitled to reporting activities of wasting resources and destroying environment, to accessing official information on circular economy promotion, and to giving opinions and suggestions.
Article 11 The State encourages and supports trade associations to exert functions as technical guidance and services in promoting circular economy. The people's government above county level may consign qualified trade associations or other social organizations to provide public services on the promotion of circular economy.
The State encourages and supports intermediary institutions, academies and other social organizations to conduct the publicity, technical promotion and consulting services concerning circular economy, so as to facilitate circular economy.
Chapter II Basic Administrative System
Article 12 The general administration for promoting circular economy under the State Council shall formulate the national circular economy development plan with relevant departments for environmental protection under the State Council and promulgate and implement the plan after the approval of the State Council. General administrations for promoting circular economy under the people's governments above the level of city divided into districts shall formulate the circular economy development plan of their administrative jurisdiction with relevant departments for ecological environment under the people's governments at the same level, and promulgate and implement the plan after the approval of the people's governments at the same level.
The circular economy development plan shall include objectives, applicable scopes, main contents, major tasks and safeguard measures, as well as indexes for the rates of resource production, recycle and resource recovery, etc.
Article 13 The people's governments above county level shall regulate and adjust the industrial structure in their administrative jurisdictions in accordance with control indexes of the discharge of main pollutants, construction land and total water supply volume for their administrative jurisdictions by the people's government at a higher level to facilitate circular economy.
New, reconstruction or expansion projects shall meet the requirements of the control indexes of the discharge of main pollutants, construction land and total water supply volume for the administrative jurisdiction where they locate.
Article 14 The general administration for promoting circular economy under the State Council shall establish and improve the assessment index system for circular economy with other relevant departments for statistics and ecological environment under the State Council.
The people's governments at a higher level shall regularly assess the works of the people's government at a lower level on promoting circular economy in accordance with major assessment indexes provided in the preceding paragraph and take the said assessment results into the consideration of the evaluation of the people's government assessed as well as its persons-in-charge.
Article 15 An enterprise which produces products or packing materials under the catalogue of mandatory recovery shall recover its waste products or packing materials, recycle those waste articles if possible, or make bio-safety disposals if those waste articles cannot be reused due to economic or technical restrictions.
Where any producer consigns any seller or other organ to recover the waste products or packing materials provided in the preceding paragraph, or consigns any waste recycling or disposal enterprise to reuse or dispose the said waste articles, the consignee shall be responsible for the recovery, reuse or disposal in accordance with relevant laws, regulations and agreements.
With respect to the products and packing materials under the catalogue of mandatory recovery, a consumer shall deliver the waste products or packing materials to the producer or seller or other organs consigned by the producer.
The catalogue and administrative measures for products and packing materials that shall be recovered compulsorily shall be formulated by the general administration for promoting circular economy under the State Council.
Article 16 The State shall implement an administration and supervision system regarding energy and water consumptions concentrating on enterprises in industries including steel, non-ferrous metals, coal, power, oil processing, chemical, building materials, construction, paper-making, printing and dyeing etc., whose general energy and water consumption volumes exceed the total volumes provided by the State per year.
The administration and supervision regarding energy saving over major energy-consumption entities shall comply with provisions of the Energy Conservation Law of the People's Republic of China.
The measures for the administration and supervision over major water-consumption entities shall be formulated by the general administration for promoting circular economy under the State Council and relevant departments under the State Council.
Article 17 The State shall establish a sound circular economy statistics system, strengthen statistical administration of resource consumption, comprehensive utilization and waste generation, and disclose major statistical indicators to the public regularly.
The standardization department under the State Council shall, together with the general administration for promoting circular economy and relevant departments for ecological environment under the State Council, establish a sound circular economy standard system and formulate and improve standards on energy-saving, water-saving, material-saving, wastes recycling and resource recovery.
The State shall establish a product-resource-consumption mark system such as energy efficiency mark.
Chapter III Decrement
Article 18 The general administration for promoting circular economy under the State Council shall, jointly with the competent departments for ecological environment under the State Council, promulgate the catalogue of technologies, processes, equipment, materials and products that are encouraged or restricted or abandoned by the government.
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Order of the President of the People's Republic of China No. 16
October 26, 2018
(Adopted at the Fourth Session of the Standing Committee of the 11th National People's Congress on August 29, 2008; and amended in accordance with the Decision on Amending Fifteen Laws Including the Law of the People's Republic of China on the Protection of Wild Animals adopted at the Sixth Session of the Standing Committee of the 13th National People's Congress on October 26, 2018)
Contents
Chapter I General Provisions
Chapter II Basic Administrative System
Chapter III Decrement
Chapter IV Recycling and Resource Recovery
Chapter V Incentive Measures
Chapter VI Legal Responsibilities
Chapter VII Supplementary Provision
Chapter I General Provisions
Article 1 The Law is formulated for the purpose of facilitating circular economy, raising resources utilization rate, protecting and improving environment and realizing sustained development.
Article 2 The Circular Economy herein is the general term for the activities of decrement, recycling and resource recovery in production, circulation and consumption.
Decrement herein means the reduction of the resource consumption and waste generation in production, circulation and consumption.
Recycling herein means the direct use of wastes as products, or the use of wastes as products after repair, renovation or reproduction of them, or the use of wastes, wholly or partly, as parts of other products.
Resource recovery herein means the direct use of wastes as raw material, or waste regeneration.
Article 3 The promotion of circular economy is an important strategy for the national economic and social development, thus, the following guidelines shall be adhered to: comprehensive planning, reasonable layout, taking measures according to local conditions, emphasis on actual effects, government promotion, market orientation, enterprise implementation and public participation.
Article 4 The promotion of circular economy shall be implemented on the basis of being feasible in technology, reasonable in economy and conductive to saving resources and protecting environment in accordance with the principle of the priority of decrement.
In the process of waste recycling and resource recovery, efforts shall be made to guarantee production safety, ensure the quality of products meets standards provided by the State, and avoid re-pollution.
Article 5 The general administration for promoting circular economy under the State Council shall be responsible for organizing, coordinating and regulating national circular economy promotion works; relevant departments for ecological environment under the State Council shall be responsible for regulation works concerning circular economy according to their functions respectively.
General administrations for promoting circular economy under local people's governments above county level shall be responsible for organizing, coordinating and regulating works concerning circular economy promotion within their administrative jurisdictions; relevant departments for ecological environment under local people's governments above county level shall be responsible for regulation works concerning circular economy according to their functions respectively.
Article 6 Industrial policies formulated by the State shall meet the requirements for promoting circular economy.
Contents about the promotion of circular economy shall be included in any national economic and social development scheme and any annual planning formulated by any people's government above county level, and any planning regarding environmental protection and sci-tech development etc. formulated by any relevant department under the people's government above county level.
Article 7 The State encourages and supports the research, development and promotion of science and technology regarding circular economy, as well as the publicity, education and popularization of scientific knowledge of and international cooperation on circular economy.
Article 8 People's governments above county level shall establish a goal-responsibility system for circular economy promotion and take measures with respect to planning, finance, investment and government procurement, etc. to promote circular economy.
Article 9 Enterprises and institutions shall establish a sound management system and take measures to reduce resource consumption and the generation and discharge of wastes, and improve their recycling and resource recovery level.
Article 10 Citizens shall have a better sense of resource saving and environmental protection, consume reasonably and save resources.
The State encourages and guides citizens to use products and recycle products featured by energy saving, water saving, material saving and environmental protection, and reduce the generation and discharge of wastes.
Citizens are entitled to reporting activities of wasting resources and destroying environment, to accessing official information on circular economy promotion, and to giving opinions and suggestions.
Article 11 The State encourages and supports trade associations to exert functions as technical guidance and services in promoting circular economy. The people's government above county level may consign qualified trade associations or other social organizations to provide public services on the promotion of circular economy.
The State encourages and supports intermediary institutions, academies and other social organizations to conduct the publicity, technical promotion and consulting services concerning circular economy, so as to facilitate circular economy.
Chapter II Basic Administrative System
Article 12 The general administration for promoting circular economy under the State Council shall formulate the national circular economy development plan with relevant departments for environmental protection under the State Council and promulgate and implement the plan after the approval of the State Council. General administrations for promoting circular economy under the people's governments above the level of city divided into districts shall formulate the circular economy development plan of their administrative jurisdiction with relevant departments for ecological environment under the people's governments at the same level, and promulgate and implement the plan after the approval of the people's governments at the same level.
The circular economy development plan shall include objectives, applicable scopes, main contents, major tasks and safeguard measures, as well as indexes for the rates of resource production, recycle and resource recovery, etc.
Article 13 The people's governments above county level shall regulate and adjust the industrial structure in their administrative jurisdictions in accordance with control indexes of the discharge of main pollutants, construction land and total water supply volume for their administrative jurisdictions by the people's government at a higher level to facilitate circular economy.
New, reconstruction or expansion projects shall meet the requirements of the control indexes of the discharge of main pollutants, construction land and total water supply volume for the administrative jurisdiction where they locate.
Article 14 The general administration for promoting circular economy under the State Council shall establish and improve the assessment index system for circular economy with other relevant departments for statistics and ecological environment under the State Council.
The people's governments at a higher level shall regularly assess the works of the people's government at a lower level on promoting circular economy in accordance with major assessment indexes provided in the preceding paragraph and take the said assessment results into the consideration of the evaluation of the people's government assessed as well as its persons-in-charge.
Article 15 An enterprise which produces products or packing materials under the catalogue of mandatory recovery shall recover its waste products or packing materials, recycle those waste articles if possible, or make bio-safety disposals if those waste articles cannot be reused due to economic or technical restrictions.
Where any producer consigns any seller or other organ to recover the waste products or packing materials provided in the preceding paragraph, or consigns any waste recycling or disposal enterprise to reuse or dispose the said waste articles, the consignee shall be responsible for the recovery, reuse or disposal in accordance with relevant laws, regulations and agreements.
With respect to the products and packing materials under the catalogue of mandatory recovery, a consumer shall deliver the waste products or packing materials to the producer or seller or other organs consigned by the producer.
The catalogue and administrative measures for products and packing materials that shall be recovered compulsorily shall be formulated by the general administration for promoting circular economy under the State Council.
Article 16 The State shall implement an administration and supervision system regarding energy and water consumptions concentrating on enterprises in industries including steel, non-ferrous metals, coal, power, oil processing, chemical, building materials, construction, paper-making, printing and dyeing etc., whose general energy and water consumption volumes exceed the total volumes provided by the State per year.
The administration and supervision regarding energy saving over major energy-consumption entities shall comply with provisions of the Energy Conservation Law of the People's Republic of China.
The measures for the administration and supervision over major water-consumption entities shall be formulated by the general administration for promoting circular economy under the State Council and relevant departments under the State Council.
Article 17 The State shall establish a sound circular economy statistics system, strengthen statistical administration of resource consumption, comprehensive utilization and waste generation, and disclose major statistical indicators to the public regularly.
The standardization department under the State Council shall, together with the general administration for promoting circular economy and relevant departments for ecological environment under the State Council, establish a sound circular economy standard system and formulate and improve standards on energy-saving, water-saving, material-saving, wastes recycling and resource recovery.
The State shall establish a product-resource-consumption mark system such as energy efficiency mark.
Chapter III Decrement
Article 18 The general administration for promoting circular economy under the State Council shall, jointly with the competent departments for ecological environment under the State Council, promulgate the catalogue of technologies, processes, equipment, materials and products that are encouraged or restricted or abandoned by the government.
......