Measures for Energy Conservation Supervision

Measures for Energy Conservation Supervision Order of the National Development and Reform Commission (No. 33) The Measures for Energy Conservation Supervision, as deliberated and adopted at the Director's Executive Meeting of the National Development and Reform Commission (“NDRC”), are hereby issued and shall come into force on March 1, 2015. Director: Xu Shaoshi January 15, 2016 Measures for Energy Conservation Supervision Chapter I General Provisions Article 1 For purposes of regulating energy conservation supervision, enhancing the efficiency of energy conservation supervision, and enhancing the energy utilization efficiency of the entire society, these Measures are formulated in accordance with the Energy Conservation Law of the People's Republic of China and other relevant laws and regulations, and in light of the actual circumstances of energy conservation supervision. Article 2 For the purpose of these Measures, “energy conservation supervision” means the supervision and inspection of the implementation of the laws, regulations and rules on energy conservation and compulsory energy conservation standards, among others, by the entities producing, trading in and using energies and other relevant entities (hereinafter referred to as the “supervisee”), the handling of energy utilization in violation of any law or regulation, and the provision of suggestions on legal and rational energy utilization by the bodies conducting energy conservation supervision (hereinafter referred to as “energy conservation regulatory authorities”) in accordance with the law. Article 3 The NDRC shall be responsible for the overall coordination and guidance of energy conservation supervision nationwide. The energy conservation administration departments of the local people's governments at or above the county level shall be responsible for the overall coordination and guidance of energy conservation supervision within their respective administrative regions. Article 4 Energy conservation supervision shall be conducted under the principles of legality, openness, fairness and justness. Chapter II Functions of Energy Conservation Regulatory Authorities Article 5 The division of work on energy conservation supervision conducted by the energy conservation regulatory authorities at the three levels of province, city and county shall be determined by the energy conservation administration departments of provincial people's governments in light of their actual circumstances. Energy conservation regulatory authorities at a higher level shall direct the work of energy conservation regulatory authorities at the next lower level. Article 6 Energy conservation regulatory authorities shall conduct the following work: (1) Conducting supervision and inspection of the supervisee's implementation of laws, regulations and rules on energy conservation and compulsory energy conservation standards, urging the supervisee to legally and rationally use energies, and handling violations of laws and regulations in accordance with the law. (2) Accepting the reports and complaints on energy utilization in violation of any law or regulation, and handling cases on energy utilization in violation of any law or regulation transferred by other administrative law enforcement entities in accordance with the law or assigned by the relevant government departments. (3) Assisting the energy conservation administration departments and the relevant departments of governments in conducting energy conservation supervision and administration. (4) Other work prescribed by laws, regulations, rules and regulatory documents on energy conservation. Article 7 Energy conservation regulatory authorities shall equip necessary apparatus and equipment for obtaining evidence, and have the capability for conducting on-site testing and obtaining evidence, and rational energy utilization assessment required for energy conservation supervision. Article 8 Energy conservation supervisors shall have administrative law enforcement certificates, and have the professional and business capability required for conducting energy conservation supervision. Energy conservation regulatory authorities shall offer business training to the energy conservation supervisors on a periodical basis. Article 9 No expense shall be charged from the supervisee for conducting energy conservation supervision. Article 10 Energy conservation regulatory authorities shall establish and improve the relevant confidentiality rules, and keep confidential the supervisee's technical and trade secrets. Chapter III Implementation of Energy Conservation Supervision Article 11 Energy conservation regulatory authorities shall specifically conduct energy conservation supervision based on authorization or entrustment. Energy conservation supervision shall cover the following content: (1) Establishment and implementation of the target responsibility system for energy conservation, energy conservation plan, energy conservation management and technical measures, and other circumstances. (2) Implementation of rules for energy conservation assessment and examination of fixed asset investment items, including energy conservation assessment and examination, and the imple......