Beijing Municipality, Implementing Rules for the «Tentative Measures for Examinations in Connection with Clean Production»

Promulgated: March 6 2006
Effective: as of date of promulgation
Interpreting authorities: Beijing Municipal Commission of Development and Reform and Beijing Environmental Protection Bureau
Applicability: The Implementing Rules apply to all work units engaging in production and service activities in Beijing Municipality and departments engaging in relevant administrative activities. Where the provisions of laws and regulations provide otherwise, such provisions shall be observed (Article 2). The term "examination in connection with clean production" refers to the process whereby specified procedures are followed to carry out investigation and diagnosis of production or service process to determine the reasons for high consumption of energy or materials, or serious pollution; propose solutions to reduce the use or creation of toxic or harmful materials or solutions to lower the consumption of energy or materials or the creation of waste; and go further to select a clean production solution that is technologically, economically and environmentally feasible (Article 3).

Main contents: Mandatory examinations in connection with clean production shall be carried out under any of the following circumstances:
1. enterprises causing serious pollution whose pollutant emissions exceed the emission standard of the state or Beijing, or whose total volume of pollutant emission exceeds the control target for the total volume of emission as specified by the Beijing Municipal Government; or
2. enterprises using toxic or harmful raw materials for production, or emitting toxic or harmful substances during the production process (Article 7).

Enterprises are encouraged to carry out voluntary examinations in connection with clean production (Article 8). Where enterprises and organizations organize and carry out examinations in connection with clean production and pass the approval checks, the municipal-level finance authority will appropriately subsidize the expenses incurred in the examinations (Article 24). Enterprises subject to mandatory examinations in connection with clean production but which do not pass the approval checks will, in principle, not be offered support from the dedicated funds for clean production.
Related legislation: PRC Law on the Promotion of Clean Production, Jun 29 2002; Tentative Measures for Examinations in Connection with Clean Production; Circular Concerning the Issue of the Provisions on the Examination Procedures in Connection with Clean Production of Key Enterprises, 2005 and Measures for the Use of the Small and Medium Enterprises Development Fund to Support Funds for Clean Production Projects