(Promulgated by the State Economic and Trade Commission, the National Environmental Protection Agency, and the Ministry of Machinery Industry on June 5, 1997)
In accordance with the Law of the People's Republic of China on Prevention and Control of Air Pollution, and related requirements of the amended Law on Prevention and Control of Air Pollution set by the Environmental and Resources Protection Committee of the National People's Congress, this is to publish the first name list of eliminated technologies and equipment causing serious pollution in the environment (the air) that includes 15 items. Related matters are as follows:
I. All the units and individuals producing, selling, importing or using the equipment listed in the name list shall, before the deadline, stop producing, selling, importing or using. Those who adopt the equipment must stop using within the time limit.
No units or individuals are allowed to produce the eliminated equipment in any form in other places or transfer the equipment to others.
II. The eliminated technologies and equipment listed in the name list are not allowed to be used in construction, reconstruction, expansion or technical renovation projects.
If the eliminated technologies and equipment are still adopted in plans or designs by construction units and designing departments, units authorized to make examinations and approval should, from the day of the issue of the notice, not approve the setting up of the projects, units authorized to examine designs should not approve the designs, and relevant departments shall not approve the operation of the projects. Construction projects adopting the eliminated technologies and equipment should not be accepted by the relevant departments after completion. Violators will be investigated and be held accountable.
For those projects involving eliminated technologies and equipment that were approved before issue of the notice, active measures shall be taken to amend the construction plans.
III. For those enterprises, institutions and individuals that continue to produce, sell, import and use the eliminated technologies and equipment after the time limit, local economic and trade commissions, environmental protection bureaus and competent departments of the related trades shall order them to stop according to law. Banks shall suspend their loans; industrial and commercial administrative departments shall withdraw their licenses, confiscate their illegal income, and impose fines in accordance with the circumstances of the cases. The relevant departments shall give responsible persons and the person who bears the responsibility directly disciplinary sanction. For those who refuse to cooperate after repeated notices, judicial authority shall investigate and fix their legal responsibility.
IV. From the day the notice is issued, local economic and trade commissions should, in conjunction with local environmental protection bureaus and management departments of machinery industry, strengthen leadership, set up accountability systems to meet the target at various levels and fulfill the responsibility down to every related person.
V. Based on the principle that those who cause contamination should bear economic responsibility, related enterprises shall be organized to collect capital, switch to another line of products and renovate the old production line. Related departments should give necessary support in terms of technology and capital.
VI. Annual plans of elimination shall be drawn up, and implementation of the plan shall be reported to the State Economic and Trade Commission timely, and to the National Environmental Protection Agoncy, the Ministry of Machinery Industry and other competent departments of the related trades in the meanwhile.
Where elimination plans have already been made more stringent than the State's requirements, the local plans shall continue to be implemented.
VII. The State Economic and Trade Commission shall, together with relevant departments, organize unscheduled inspection teams to examine the enforcement of the plans. Those who do not follow the stipulations of the notice shall be punished according to law.
(This English version is for your reference only.In case any discrepancy exists between the Chinese and English context, the Chinese version shall prevail.)