Decree of the People’s Government of Hubei Province No. 220
| 索 引 号 | 011043217/2019-60517 | 分 类 | 资源环境 |
|---|---|---|---|
| 发布机构 | 湖北省政府 | 发文日期 | 2001-12-10 |
| 文 号 | 无 | 有 效 性 | 有效 |
Decree of the People’s Government of Hubei Province
No. 220
Administration Measures of Hubei Province on Supervision and Testing of Energy Conservation, deliberated and adopted at the Executive Meeting of the People’s Government of Hubei Province on November 19, 2001, are hereby promulgated and shall come into force as of January 1, 2002.
Governor: Zhang Guoguang
December 10, 2001
Administration Measures of Hubei Province on Supervision and Testing of Energy Conservation
Article 1. With a view to enhancing the supervision and administration of energy conservation, these Administration Measures are formulated in accordance with Energy Conservation Law of the People’s Republic of China, Measures of Hubei Province on Implementation of Energy Conservation Law of the People’s Republic of China, and in light of the actual situation of the Province.
Article 2. The energy conservation supervision and testing administration (hereafter referred to as ECST administration) refers to the activity in which the competent administrative department of energy conservation entrusts the energy conservation testing agency to make the supervision and inspection, and the examination and testing of energy utilization in accordance with the relevant laws, rules and technical standard of the State and the Province involving energy conservation and in which the actions in violation of the laws and rules in energy conservation are handled.
Article 3. The provincial or city (canton, hereafter referred to as the same) competent administrative department of economy and trade is the competent administrative department of energy conservation in the people’s government at the same level, responsible for the ECST administration.
The departments of finance, commodity price, quality and technology supervision and the relevant departments shall actively support the ECST administration in accordance with division of their duties.
Article 4. The provincial energy conservation supervision and testing center shall undertake the specific work of ECST administration in the key energy-saving units in the whole Province.
The energy conservation supervision and testing agency in each city shall undertake the specific work of ECST administration in the local area.
The outlays for the energy conservation supervision and testing agency shall be arranged by the finance department in accordance with the nature fixed by the governmental compilation working organ at the same level.
Article 5. The duties of the energy conservation supervision and testing agency at all levels shall be prescribed by the provincial competent administrative department of energy conservation.
Article 6. The energy conservation supervision and testing agency shall be equipped with the corresponding technical appliances and shall undertake the duties in energy conservation supervision and testing only after its being authenticated in measurement by the provincial competent administrative department of quality and technology supervision.
The measure, testing instrument and appliance used by the energy conservation supervision and testing agency shall be regularly sent to the measurement examination organ or the entrusted measurement examination organ or the measurement adjustment organ approved by the provincial competent administrative department of quality and technology supervision for periodic examination or calibration.
Article 7. The energy conservation supervision and testing personnel shall skillfully master the energy-saving laws, rules and regulations and the relevant professional knowledge and shall go to work only after being proved qualified in the training and examination.
Article 8. The main contents of energy conservation supervision and testing are as follows:
1).Testing and appraising the rational energy utilization situation of the energy user unit;
2). Coordinating the quality and technology supervision department to make supervision and testing of the energy supply quality;
3). Sampling and verifying the energy consumption index of the energy-saving products;
4). Testing and appraising the energy consumption of the energy user products, and the technical properties of the working process, equipment, and network involving the energy consumption of the products;
5).Supervising the renovation and alteration of the energy user unit, whose high energy consumption equipment and products are declared as obsolete ones by the State.
Article 9. When performing the energy conservation supervision and testing of the key energy user unit in accordance with the energy conservation supervision and testing planning by the competent administrative department of energy conservation, the energy conservation supervision and testing organ shall issue the supervised unit with Notice of Energy Conservation Supervision and Testing in advance and inform the party concerned of the specific time, content and requirement of the supervision operation.
Article 10. The supervised unit shall fulfill the following obligations after receiving Notice of Energy Conservation Supervision and Testing.
1).Making active cooperation in accordance with the contents and requirements in the notice; accepting the total or part of the testing contents required in Notice of Energy Conservation Supervision and Testing;
2). Positively providing the energy conservation supervision and testing agency with the relevant technical data and making a good preparation in accordance with the requirements of the energy conservation supervision and testing agency and provides the necessary working conditions;
3). When testing the energy consumption index of the energy-consuming products in the course of manufacturing and distribution , the tested unit shall provide the necessary samples and testing conditions;
4). It is forbidden to make delay or hinder the supervision and testing with any excuses.
Article 11. The energy conservation supervision and testing agency shall send the Energy Conservation Supervision and Testing Report to the supervised unit within a month as of the completion of the supervision and testing and shall simultaneously send the duplicate of Energy Conservation Supervision and Testing Report to the competent administrative department of energy conservation at the same level.
Article 12. The competent administrative department of energy conservation shall issue the unqualified unit with the Notice for Rectification within a Time Limit in accordance with the Energy Conservation Supervision and Testing Report.
The supervised unit shall organize the rectification in accordance with the required content and time limit after receiving the Notice for Rectification within a Time Limit; if the rectification is accomplished, application shall be submitted to the energy conservation supervision and testing agency for testing anew.
Article 13. If the supervised unit does not accept the supervision and testing results made by the energy conservation supervision and testing agency, the unit may submit a written application for re-testing to the original energy conservation supervision and testing agency or a superior energy conservation supervision and testing agency within fifteen days as of the date of receiving Energy Conservation Supervision and Testing Report, which shall be handled by the energy conservation supervision and testing agency that accepts the application. The checked result by the provincial energy conservation supervision and testing center shall be the final result.
Article 14. Anyone that violates Article 10 in these Administration Measures shall be criticized by the competent administrative department of energy conservation; if the party refuses to make correction, a fine of over one thousand Yuan but less than five thousand Yuan may be imposed.
Article 15. The supervised unit that does not make rectification within a time limit shall be criticized by the competent administrative department of energy conservation; if the unit fails to make rectification when the time limit expires, a fine of over three thousand Yuan but less than ten thousand Yuan may be imposed.
Article 16. The party concerned that does not accept the penalty decision may apply for an administrative reconsideration or bring it to the people’s court. If the party concerned does not apply for an administrative reconsideration, nor brings it to people’s court, and still refuses to act on the penalty decision, the authority that makes the penalty decision may apply to the people’s court for the coercive execution.
Article 17. If the energy conservation supervision and testing personnel abuses his power, neglects his duties and practices illegalities for private gains, an administrative penalty shall be imposed by his competent administrative department; if such action constitutes a crime, the criminal responsibility shall be investigated according to law.
Article 18. If there are provisions in the laws, rules and regulations on penalty of the action against the ECST administration, these provisions shall prevail.
Article 19. These Administration Measures shall come into force as of January 1, 2002. Interim Measures of Hubei Province on Energy Supervision and Testing Administration promulgated by the provincial people’s government as Decree No. 16 in 1990 shall be simultaneously repealed.
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