《Regulations on Energy Efficiency Marking Management》(joint order of the Development and Reform Commission and the General Administration No. 35 of 2016)
National Development and Reform Commission of the People's Republic of China
General Administration of Quality Supervision, Inspection and Quarantine order
No. 35
In order to strengthen energy-saving management, promote energy-saving technology progress, improve energy efficiency of energy-using products, and promote high-efficiency energy-saving products,We have revised the Regulations on 《Energy Efficiency Marking Management Measures》, which will be revised now. 《Energy Efficiency Marking Management Measures》Publish it,It will come into effect on June 1, 2016. Issued by Decree No. 17 of the State Development and Reform Commission and the State Administration of Quality Supervision and Inspection on August 13, 2004《Energy Efficiency Marking Management Measures》At the same time abolished.
Director of the National Development and Reform Commission: Xu Shaoshi
Director-General of the State Administration of Quality Supervision, Inspection and Quarantine: Zhi Shuping
February 29, 2016
《Energy Efficiency Marking Management Measures》
Chapter I General Provisions
Article 1 In order to strengthen the management of energy conservation, promote the technological progress of energy conservation and improve the energy efficiency of energy-using products,Basis《Energy Conservation Law of the People's Republic of China》、《Law of the People's Republic of China on Product Quality》、《Law of the People's Republic of China on the Inspection of Import and Export Commodities》And its implementing regulations,《Regulations of the People's Republic of China on Certification and Accreditation》,These Measures are formulated.
Article 2 The term "energy efficiency label" (hereinafter referred to as "energy efficiency label") as mentioned in these Measures refers to an information label indicating the energy efficiency grade and other performance indicators of energy-using products, which belongs to the category of product conformity labels.
Article 3 The state implements energy efficiency labeling management for energy-using products with great potential for energy conservation and wide use. Specific products are managed by catalogue.
The National Development and Reform Commission (hereinafter referred to as the National Development and Reform Commission), the General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the General Administration of Quality Supervision, Inspection and Quarantine) and the National Accreditation and Accreditation Supervision and Administration Commission (hereinafter referred to as the National Accreditation and Supervision Commission) are responsible for the establishment and implementation of the energy efficiency Lab The National Development and Reform Commission, together with the General Administration of Quality Supervision, Inspection and Quarantine and the State Accreditation and Supervision Commission, formulated and promulgated the plan 《Catalogue of Products Implementing Energy Efficiency Labels in the People's Republic of China》(hereinafter referred to as《Catalog》),Provide uniform applicable product energy efficiency standards, implementation rules, energy efficiency labeling styles and specifications.
Article 4 Departments of local people's governments at all levels in charge of energy conservation (hereinafter referred to as local energy conservation authorities), local quality and technical supervision departments at all levels and entry-exit inspection and quarantine institutions (hereinafter referred to as local quality and quarantine departments) shall exercise supervision and management over the use of energy efficiency labels within their respective areas of responsibility. Article 5 Producers and importers of energy-using products listed in the Catalogue shall file energy efficiency labels and related information with the China Institute for Standardization (hereinafter referred to as the authorized agency) authorized by the State Administration of Quality Supervision and Inspection and the State Development and Reform Commission.
Chapter II Implementation of Energy Efficiency Label
Article 6 Producers and importers shall label energy efficiency labels for energy-using products listed in the Catalogue, print and use energy efficiency labels in accordance with the energy efficiency labeling patterns, specifications and labeling provisions uniformly prescribed by the State, and specify them on product packages or in the instructions for their use.
Article 6 Producers and importers shall label energy efficiency labels for energy -using products listed in the Catalogue, print and use energy efficiency labels in accordance with the energy efficiency labelling patterns, specifications and labelling provisions uniformly prescribed by the State, and specify them on product packages or in the instructions for their use.
The energy efficiency labels used in product packages, instructions, product information display home pages of online transactions and advertisements can be scaled up or reduced, and can be clearly distinguished.
Article 7 the name of the energy efficiency label is "China energy label", which shall include the following basic contents:
(1) Name of producer or abbreviation;
(2) Product specifications and models;
(3) Energy efficiency level;
(4) Energy efficiency indicators;
(5) The mandatory national standard number for energy efficiency based on it;
(6) Energy efficiency information code.
Products listed in the national energy efficiency "leader" catalogue should also include relevant information on "leader" of energy efficiency.
Article 8 Producers and importers of energy-consuming products listed in the Catalogue may use their own testing laboratories or third-party inspection and testing institutions entrusted with obtaining qualifications according to law to test products and determine the energy efficiency level of products in accordance with mandatory national standards for energy efficiency.
The enterprise's own testing laboratory shall carry out the testing according to the testing methods and requirements stipulated in the mandatory national standards for energy efficiency of related products, and faithfully issue the product energy efficiency testing report.
Third-party inspection and testing institutions, entrusted by producers and importers, shall carry out inspection according to the testing methods and requirements stipulated in the mandatory national standards for energy efficiency of related products, ensure the objectivity, fairness, authenticity and accuracy of the testing results, conserve the commercial secrets of the products and enterprises under inspection, and assume corresponding legal responsibilities.
Article 9 Producers and importers who use their own testing laboratories to test and determine energy efficiency levels shall ensure that their testing laboratories have the ability to test in accordance with mandatory national standards for energy efficiency and shall encourage them to obtain the approval of national accreditation bodies.
Producers and importers who use their own testing laboratories to test and determine the energy efficiency level shall be responsible for the product energy efficiency testing reports issued by their testing laboratories, and shall bear the corresponding legal responsibilities.
Article 10 For energy-consuming products listed in the Catalogue, the producer shall apply to the authorized authority for record before leaving the factory and the importer before importing. The following materials shall be submitted for the record of energy efficiency labels:
(1) Copies of the producer's business license or registration certificate; copies of the importer's business license and relevant contracts concluded with overseas producers;
(2) Energy efficiency test report of products;
(3) Samples of energy efficiency identification;
(4) The basic product configuration list and other related materials;
(5) Where a self-owned testing laboratory is used for testing, it shall provide proof materials of laboratory testing capacity (including laboratory personnel capacity, equipment capacity and testing management norms), which have been approved by the State Accreditation Institution, and shall also provide copies of corresponding accreditation certificates; where a third-party inspection and testing institution is used for testing, it shall provide certificates of qualification of the inspection and testing institution. Copies of books.
(6) Where the agent submits the archival materials, there shall be such documents as the principal-agent documents of the producer or the importer, etc.
The above materials shall be true, accurate and complete.
Foreign materials shall be accompanied by Chinese translations, and the Chinese version shall prevail.
Article 11 Entry products listed in the Catalogue that meet one of the following circumstances may be exempted from labeling energy efficiency labels and filing:
(1) Self-use articles of foreign embassies, consulates or international organizations stationed in China and their diplomats;
(2) Goods for personal use by the official organs stationed in the mainland of the governments of Hong Kong and Macao Special Administrative Regions and their staff members;
(3) Personnel entering the country shall bring with them articles for their own use in their entry from abroad;
(4) Goods aided or given by foreign governments;
(5) Products needed for scientific research and testing;
(6) Parts and components required for the importation of technology into production lines;
(7) Products directly required for end-user maintenance purposes;
(8) Equipment and components (excluding office supplies) necessary for factory production lines and complete production lines. Article 12 Where the content of the energy efficiency label has changed, it shall be re-filed.
Article 13 Authorized agencies shall verify the energy efficiency labels used by producers and importers and the energy efficiency testing reports of products.
Article 14 The authorized authority shall complete the energy efficiency label filing work within 10 working days from the date of receiving the complete archival materials, and announce the samples of the energy efficiency label for filing within 5 working days from the date of archival completion.
There is no charge for energy efficiency label filing.
Article 15 Producers and importers shall be responsible for the accuracy of their energy efficiency labels and related information.
Article 16 Sellers (including network commodity operators) shall establish and implement an inspection and acceptance system for purchases, verify the energy efficiency labels of energy-using products listed in the Catalogue, and shall not sell products that should be labeled but not labeled with energy efficiency labels.
Operators of third-party trading platforms (sites) shall establish an energy efficiency label inspection and monitoring system for energy-using products listed in the Catalogue sold through platforms (sites). If violations of the provisions of these Measures are found, timely measures shall be taken to stop them.
Article 17 No unit or individual may forge or falsely use energy efficiency labels or make false propaganda by using energy efficiency labels.
Chapter III Supervision and Management
Article 18 The General Administration of Quality Supervision and Inspection is responsible for organizing and implementing supervision, inspection, special inspection and verification management of the use of energy efficiency labels.
Local quality inspection departments shall be responsible for supervising, inspecting and verifying the use of energy efficiency labels in their respective areas. If any violation of the provisions of these Measures is found, they shall notify the competent energy-saving authorities at the same level and notify the authorized agencies.
Article 19 The authorizing authority shall revoke the relevant archival information of producers or importers of energy-efficient substandard products and make timely announcements.
Article 20 Producers, importers, sellers of energy-using products listed in the Catalogue (including network commodity operators), operators of third-party trading platforms (sites), enterprises'own testing laboratories and third-party inspection and testing institutions shall be subject to supervision, inspection, special inspection and verification management.
Where an enterprise has its own testing laboratory or a third-party inspection and testing institution to falsify the testing results or issue false energy efficiency testing reports in the energy efficiency testing, the authorized institution shall not accept the testing results within one year from the date of discovery.
Article 21 Authorized agencies shall establish a standardized working system, carry out the filing work objectively and impartially, and conserve the commercial secrets of products and enterprises for filing.
Article 22 Any unit or individual may report violations of the provisions of these Measures to the competent local energy-saving authorities and the local quality inspection authorities. Local energy-saving authorities and local quality control departments shall investigate and deal with them in a timely manner and keep the whistleblowers confidential. Authorized agencies shall cooperate with them.
Article 23 The State Development and Reform Commission, the General Administration of Quality Supervision and Inspection and the State Accreditation and Supervision Commission shall establish credit records for violations of the provisions of these Measures and shall be incorporated into a unified national platform for credit information sharing and interaction.
Chapter IV Penalty Provisions
Article 24 The basis for local energy-saving authorities and local quality control departments《Energy Conservation Law of the People's Republic of China》 other relevant laws and regulations shall, within the scope of their respective duties, punish acts that violate the provisions of these Measures.
Article 25 The production, import and sale of energy products that do not conform to the compulsory national standards for energy efficiency shall be carried out,Basis《Energy Conservation Law of the People's Republic of China》Article 70 shall be punished.
Article 26 Where adulteration or adulteration occurs in energy products, fake or sub-perfect products are used as qualified products, or imports belong to adulteration or adulteration, false or sub-good products are used as energy products of qualified products, or substandard products are used as energy products of qualified products,Basis《Law of the People's Republic of China on Product Quality》 Article 50,《Law of the People's Republic of China on the Inspection of Import and Export Commodities》The provisions of Article 35 shall be punished.
Article 27 In violation of the provisions of these Measures, if energy efficiency labels are to be marked but not marked, or if energy efficiency labels are not filed, the energy efficiency labels used do not conform to the labeling requirements of relevant styles and specifications (including those that do not conform to the requirements for displaying energy efficiency labels of products traded on the Internet), or if the energy efficiency labels are forged or counterfeited or false propaganda is carried out by using the energy efficiency labels,Basis《Energy Conservation Law of the People's Republic of China》Article 73 shall be punished.
Article 28 Where, in violation of the provisions of these Measures, an enterprise has its own testing laboratory or a third-party testing and testing institution to forge the testing results or issue false energy efficiency testing reports in energy efficiency testing,Basis《Law of the People's Republic of China on Product Quality》、《Measures for the Administration of Qualification Confirmation of Inspection and Inspection Institutions》Punishment.
Article 29 State functionaries engaged in the management of energy efficiency labels and staff of authorized agencies who neglect their duties, abuse their powers or shelter and condone illegal acts shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Article 30 The State Development and Reform Commission and the State Administration of Quality Supervision and Inspection shall be responsible for the interpretation of these Measures.
Article 31 These Measures shall come into force as of June 1, 2016. Issued by Decree No. 17 of the State Development and Reform Commission and the State Administration of Quality Supervision and Inspection on August 13, 2004《Energy Efficiency Marking Management Measures》At the same time abolished.