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Chinese Law on the Promotion of Clean Production

Law of the People's Republic of China on the Promotion of Clean Production

1. Issued by / date / date of implementation

Standing Committee of the National People’s Congress / 29.06.2002 / into effect as of 01.01.2003.

2. Type of legislation

National legislation with binding character in the People’s Republic of China

3. General purpose

The purpose of the law is to promote cleaner production, increase the efficiency of the use of resources, reduce and avoid the generation of pollutants, protect and improve environment and human health and promote sustainable development.

The law presents measures for the promotion of clean production, including research, education, information (guidance catalogues), dissemination, support for small and medium enterprises, incentives (fiscal and tax policies), law reinforcement.

4. Substitution relevant paragraphs

According to article 19, enterprises ‘in course of technological upgrades’ shall adopt cleaner production measures including using materials free of toxic substances or with low toxicity to replace toxic and hazardous’ ones.

Article 24 contains provisions for construction projects that shall adopt the design options, materials, structures, fixtures etc resulting in environmental friendly and resource-conserving planning options. Construction or decoration materials must comply with national standards therefore. The production, sale and utilization of any construction or decoration materials containing toxic or hazardous content exceeding national standards therefore is prohibited.

Article 28 states that any enterprise using toxic and hazardous materials in production or discharging toxic and hazardous substances shall periodically conduct cleaner production audits, and report the audit results to the relevant administrative departments for environmental protection and the relevant departments for economic and trade.

Expenses incurred for cleaner production auditing and training may be booked as enterprise operating costs (Article 36).

5. Assessment of relevance for substitution

Substituting hazardous substances with safer ones is part of the clean production measures, as presented by the law. General provisions meant to promote clean production are applicable also for substitution of chemicals. Research, fiscal and administrative measures, but also auxiliary instruments (cleaner production audits, guiding catalogues ) are meant to help the implementation and enforcement of clean production rules, including the use of safer alternatives to hazardous substances.

6. Link to the legal text

Law of the People's Republic of China on the Promotion of Clean Production.

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