The Measures for the Administration of Industrial Energy Conservation have been deliberated and adopted at the 21st Ministerial Meeting of the Ministry of Industry and Information Technology on April 20, 2016, and are hereby promulgated and shall come into force as of June 30, 2016。
Minister Miao Wei
April 27, 2016
Article 1 These Measures are formulated in accordance with the Energy Conservation Law of the People's Republic of China and other laws and administrative regulations in order to strengthen the administration of industrial energy conservation, improve the management system of industrial energy conservation, continuously improve the efficiency of energy utilization, promote green, low-carbon and circular development, and promote the construction of ecological civilization。
Article 2 Industrial energy conservation as mentioned in these Measures，It refers to the implementation of the basic national policy of saving resources and protecting the environment in the industrial field，We will strengthen management of industrial energy use，Take measures that are technically feasible, economically sound and environmentally and socially acceptable，Reduce energy consumption in all aspects of the industrial sector，Reduce pollutant discharge，Efficient and rational use of energy。
Article 3 These Measures shall apply to the supervision and administration of energy use and energy conservation in the industrial field within the territory of the People's Republic of China。
Article 4 The Ministry of Industry and Information Technology shall be responsible for the supervision and administration of industrial energy conservation throughout the country，To organize the formulation of industrial energy strategies and plans, total energy consumption control and energy-saving targets, energy-saving policies and standards，To organize and coordinate the promotion and application of new industrial energy-saving technologies, new products, new equipment and new materials，To guide and organize the supervision of industrial energy conservation。
The competent departments of industry and information technology under the local people's governments at or above the county level shall be responsible for the supervision and administration of industrial energy conservation within their respective administrative areas。
Article 5 Industrial enterprises, as the main body of industrial energy conservation, shall strictly implement the laws, regulations, rules and standards for energy conservation, accelerate the progress of energy conservation technologies, improve the management mechanism for energy conservation, improve the efficiency of energy utilization, and accept the supervision and administration of energy conservation by the competent departments of industry and information technology。
Article 6 Social organizations such as trade associations are encouraged to play an active role in industrial energy conservation planning, the formulation and implementation of energy conservation standards, the promotion of energy conservation technologies, energy consumption statistics, energy conservation publicity and training and information consultation, and energy efficiency standards。
Chapter II Energy conservation management
Article 7 The competent departments of industry and information technology at all levels shall formulate and organize the implementation of industrial energy conservation plans or action plans。
Article 8 The competent departments of industry and information technology at all levels shall strengthen the adjustment of industrial structure，In conjunction with relevant departments to formulate industrial policies conducive to industrial energy conservation and emission reduction，Pricing policies such as tiered electricity prices, differential electricity prices, and punitive electricity prices will be comprehensively applied，And fiscal and tax support, green finance and other means，We will promote green transformation of traditional industries and the development of energy-saving industries。
The competent departments of industry and information technology at all levels shall promote the inclusion of high-efficiency and energy-saving products and equipment in the list of government procurement, and give priority to their use in the tender of government-invested construction projects。
Article 9 The Ministry of Industry and Information Technology shall establish a mechanism for the selection, evaluation and promotion of industrial energy-saving technologies and products, publish a recommended catalogue of advanced and applicable industrial energy-saving technologies, high-efficiency energy-saving equipment (products), and a catalogue for the elimination of backward processes, technologies and equipment that fail to meet mandatory energy efficiency standards。Accelerate the promotion and application of advanced industrial energy-saving technologies, processes and equipment, strengthen energy demand-side management in the industrial sector, cultivate energy efficiency evaluation centers in the industrial sector, and promote the progress of energy-saving technologies in industrial enterprises。
We will encourage research on key energy-saving technologies and research and development of major energy-saving equipment, organize demonstrations of the industrialization of energy-saving technology and equipment, and promote the development of the energy-saving equipment manufacturing industry。
Article 10 The Ministry of Industry and Information Technology shall, in accordance with the law, organize the formulation and timely revision of the energy consumption quota per unit product, the energy utilization efficiency of industrial energy using equipment (products) and other relevant standards and energy-saving technical specifications, and organize the implementation and supervision。
Local governments and industrial enterprises are encouraged to formulate local standards for industrial energy conservation and enterprise energy conservation that are stricter than national standards and industrial standards in accordance with the law。
To guide trade associations and other social organizations and industrial technology alliances to formulate group energy conservation standards in accordance with the characteristics of their own industries。
Article 11 The Ministry of Industry and Information Technology shall organize the compilation of industrial energy efficiency guidelines, publish industrial energy efficiency related indicators such as products (processes) in major energy-consuming industries, establish an industry energy efficiency level index system and implement dynamic adjustments。
Article 12 The competent departments of industry and information technology at all levels shall, in the light of the situation of industrial energy consumption and the development of industrial economy, study and propose the targets for controlling the total amount of industrial energy consumption and energy conservation in their respective administrative areas, and implement target management。
Article 13 The competent departments of industry and information technology at all levels shall, in accordance with their duties, carry out the relevant energy conservation review on the energy conservation evaluation report of fixed asset investment projects of industrial enterprises。For the projects that have passed the review, supervision should be strengthened during and after the event, and supervision and management should be carried out on the implementation of energy-saving measures。
Article 14 The competent departments of industry and information technology at all levels shall regularly analyze the situation of industrial energy consumption and industrial energy conservation, and establish an industrial energy conservation situation research and judgment and industrial energy consumption early warning mechanism。
Article 15 The competent departments of industry and information technology at all levels shall establish an education and training mechanism for industrial energy conservation management personnel and professional and technical personnel, formulate education and training plans and Outlines, and organize special education and on-the-job training。
The competent departments of industry and information technology at all levels shall carry out publicity activities for industrial energy conservation, and actively publicize industrial energy conservation policies and regulations, energy conservation technologies and advanced experience。
Article 16 The competent departments of industry and information technology at all levels shall foster the development of energy conservation service industries，Support energy conservation service institutions to carry out industrial energy conservation consulting, design, evaluation, measurement, testing, audit, certification and other services，We will actively promote energy conservation mechanisms such as contracted energy management, leasing of energy-saving equipment, government-private capital cooperation models, and voluntary energy conservation agreements。Scientifically establish the initial allocation of energy use rights and carbon emission rights, and carry out work related to the trading of energy use rights and carbon emission rights。
Chapter III Energy conservation supervision
Article 17 The Ministry of Industry and Information Technology shall guide the supervision of industrial energy conservation throughout the country and organize the formulation and implementation of the annual work plan for the supervision of industrial energy conservation throughout the country。
The competent departments of industry and information technology under the local people's governments at or above the county level shall, in light of the actual conditions of their respective regions, organize the implementation of industrial energy conservation supervision in their respective regions。
Article 18 The competent departments of industry and information technology at all levels shall strengthen the construction of energy-saving supervision teams and establish and improve the energy-saving supervision system。
The funds required by the energy conservation supervision institutions are included in the financial budget at the same level in accordance with the law, and support the improvement of hardware facilities, strengthening capacity building, and carrying out business training。No fees shall be charged to the objects of supervision for conducting energy conservation supervision。
Article 19 The competent departments of industry and information technology at all levels shall organize energy conservation supervision institutions，To carry out energy conservation supervision on the implementation of energy conservation laws and regulations by industrial enterprises, the implementation of mandatory energy consumption quotas per unit product and other mandatory energy conservation standards, the elimination of backward energy use technology and equipment (products), the implementation of energy conservation assessment and review opinions on fixed asset investment projects, and the implementation of energy conservation laws and regulations by energy conservation service institutions。
The competent departments of industry and information technology at all levels shall clarify the key tasks of annual industrial energy conservation supervision, and organize energy conservation supervision agencies to carry out joint supervision and remote supervision as needed。
The Ministry of Industry and Information Technology may, when necessary, entrust local energy conservation supervision institutions to carry out relevant special supervision tasks。
Article 20 Supervision of industrial energy conservation shall mainly adopt on-site supervision, and may adopt written supervision when necessary。On-site supervision shall be carried out by two or more energy-saving supervisors, and measures such as survey, sampling, photography, video recording, consulting relevant documents and accounts, interviewing and questioning relevant personnel, monitoring and analyzing the energy utilization of energy-using products, equipment and production processes, and so on。
Article 21 Energy conservation supervision institutions shall establish a system for the disclosure of industrial energy conservation supervision, regularly disclose the results of industrial energy conservation supervision, and take the initiative to accept social supervision。
Chapter IV Energy conservation in industrial enterprises
Article 22 Industrial enterprises shall strengthen the organization and leadership of energy conservation and emission reduction work, establish and improve energy management systems, formulate and implement enterprise energy conservation plans, and improve energy efficiency。
Article 23 Industrial enterprises shall set up measurable and assessable annual energy-saving indicators, improve the energy-saving target assessment reward and punishment system, clarify post target responsibilities, and strengthen incentives and constraints。
Article 24 Industrial enterprises shall measure all kinds of energy consumption according to different levels and categories, reasonably equip and use energy measuring instruments that meet the national standards, improve the basic capacity of energy measurement, and ensure that the original data are true, accurate and complete。
Article 25 Industrial enterprises shall specify energy statisticians, establish and improve the original records and statistical accounts of energy, strengthen the collection and management of energy data, and submit relevant statistical data and materials in accordance with regulations。
Article 26 Industrial enterprises shall strictly implement the national energy efficiency standards for energy-using equipment (products) and the quota standards for energy consumption per unit product and other mandatory standards，It is prohibited to purchase, use and produce energy-using equipment (products) that have been eliminated by the State.，No energy-using processes or equipment (products) that have been eliminated by the State shall be transferred or leased to others for use。
Article 27 Industrial enterprises shall be encouraged to strengthen innovation and technological transformation of energy-saving technologies, carry out research on the application of energy-saving technologies, develop key energy-saving technologies, promote the transformation of energy-saving technological achievements, and adopt high-efficiency energy-saving processes, technologies and equipment (products)。
Industrial enterprises are encouraged to create "green factories", develop and apply smart microgrids, distributed photovoltaic power generation, waste heat and pressure utilization and green lighting technologies, and develop and use green, clean and low-carbon energy。
Article 28 Industrial enterprises shall regularly conduct publicity and education on energy-saving policies and regulations and on-the-job technical training for employees。
Chapter V Energy saving in key energy-using industrial enterprises
Article 29 The administration of energy conservation in key energy-using industrial enterprises shall be strengthened。Key energy-using industrial enterprises include:
(1) Industrial enterprises with a total annual comprehensive energy consumption of more than 10,000 tons of standard coal (equivalent to 80 million KWH of electricity, 6,800 tons of diesel fuel or 7.6 million cubic meters of natural gas, respectively);
(2) Industrial enterprises with an annual total comprehensive energy consumption of 5,000 tons of standard coal (equivalent to 40 million KWH of electricity, 3,400 tons of diesel or 3.8 million cubic meters of natural gas, respectively) and less than 10,000 tons of standard coal as determined by the industrial and information technology authorities of provinces, autonomous regions and municipalities directly under the Central Government。
Article 30 The Ministry of Industry and Information Technology shall strengthen guidance and supervision over the administration of energy conservation in key energy-using industrial enterprises throughout the country。
The competent departments of industry and information technology of provinces, autonomous regions and municipalities directly under the Central Government shall exercise supervision and administration over energy conservation in key energy-using industrial enterprises within their respective administrative areas。
The competent departments of industry and information technology under the people's governments of districted cities and counties shall, under the guidance of the competent departments of industry and information technology at higher levels, exercise territorial administration over key energy-using industrial enterprises, and may, in the light of actual conditions, determine industrial enterprises other than key energy-using industrial enterprises to carry out supervision and administration of energy conservation。
Article 31 Key energy-using industrial enterprises shall be based on total energy consumption, concentration of production sites and complexity of production processes，Set up energy statistics, measurement, technology and comprehensive management posts，Senior managers with professional knowledge, practical work experience and intermediate technical titles are appointed to be responsible for energy management，Form an energy management organization system with posts, responsibilities and full participation。
The establishment of energy management posts and the appointment of energy management persons in key energy-using industrial enterprises shall be submitted to the relevant industry and information technology departments for the record。
Article 32 Key energy-using industrial enterprises are encouraged to carry out energy audits, and according to the audit results, formulate energy conservation plans and energy conservation technology transformation plans for enterprises, and track and implement the implementation of energy conservation transformation projects。
Article 33 Key energy-using industrial enterprises shall submit annual reports on the state of energy utilization of the previous year to the relevant competent departments of industry and information technology。The energy utilization report includes energy purchase, processing, conversion and consumption, energy consumption per unit product, energy consumption of major energy-consuming equipment and processes, energy utilization efficiency, energy management, energy-saving measures, energy-saving benefit analysis, energy-saving targets achieved and energy consumption forecast。
Article 34 If a key energy-using industrial enterprise fails to meet the annual target of energy conservation, the relevant competent department of industry and information technology shall notify it。
Article 35 Key energy-using industrial enterprises shall actively fulfill their social responsibilities, and encourage key energy-using industrial enterprises to regularly release corporate social responsibility reports that include energy utilization, energy-saving management, and employee care。
Article 36 Key energy-using industrial enterprises shall carry out activities to benchmark energy efficiency levels, establish energy efficiency benchmarks, formulate implementation plans, improve energy conservation management, implement major energy conservation technology transformation projects, and strive to become "leaders" in energy efficiency.。
Article 37 Encourage key energy-using industrial enterprises to build energy control center systems, and use automation and information technology to implement dynamic monitoring and management of the production, transmission and distribution and consumption of the energy system of enterprises, improve and optimize energy balance, and improve energy utilization efficiency and management level of enterprises。
Article 38 Key energy-using industrial enterprises shall establish an energy management system, adopt advanced energy-saving management methods and technologies, improve the management of the whole process of energy utilization, and promote the construction of an energy-saving culture in enterprises。
Chapter VI Legal liability
Article 39 The competent departments of industry and information technology at all levels and relevant departments shall, in accordance with their functions and powers, order industrial enterprises under any of the following circumstances to make corrections within a time limit, order them to stop using relevant equipment, give warnings, impose fines, etc. in accordance with the Energy Conservation Law of the People's Republic of China and other laws and regulations, and disclose them to the public:
(1) The use of energy does not meet the mandatory energy consumption quotas and energy efficiency standards;
(2) Energy statistics and energy measurement do not meet the relevant requirements of the State;
(3) falsifying energy data;
(4) producing or using products, equipment and processes with high energy consumption and backward energy use that have been eliminated by explicit decree of the State;
(5) Other circumstances in violation of laws and regulations on energy conservation。
Article 40 Personnel of the competent departments of industry and information technology at all levels and the supervisory institutions for energy conservation who have any of the following circumstances in the administration of industrial energy conservation shall be given sanctions according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) divulging the technical secrets and trade secrets of the enterprise;
(2) seeking illegal interests by taking advantage of one's position;
(3) Illegally collecting fees;
(4) Abuse of power, neglect of duty, favoritism and malpractice。
Chapter VII Supplementary Provisions
Article 41 The competent department of industry and information technology of the local people's government at or above the county level may formulate specific measures for implementation in accordance with these measures and local realities。
Article 42 These Measures shall come into force as of June 30, 2016。