Laws and regulations

Legislative History Related to S&L
Implementation of China’s appliance standards and labels is governed by a variety of laws and regulations and carried out by several related agencies and departments. The primary law of relevance is the Standardization Law of PRC and the Energy Conservation Law of PRC.

Article 13 of the Energy Conservation Law notes:
The department for standardization and other relevant departments under the State Council shall establish the national energy conservation standards update such standards from time to time in accordance with the law, and establish a sound national energy conservation standard system. The department for standardization under the State Council in conjunction with the administrative department for energy conservation and other relevant departments under the State Council shall establish mandatory equipment and appliances energy efficiency standards, and energy consumption ceilings per unit output value or product for energy intensive industries.
Article 17 notes:
It is prohibited to produce, import or sell those energy-using products and equipment eliminated by national decrees or failing to meet mandatory energy efficiency standards; it is prohibited to use energy-using equipment and production technologies eliminated by national decrees.
Article 18 notes:
The State shall apply energy efficiency labeling management to those household electrical appliances and other products that are widely used and highly energy-consuming. The catalogue of such appliances or products and the implementation approaches shall be published by administrative department for energy conservation under the State Council in conjunction with the supervision departments for the product quality under the State Council.
Article 19 notes:
 The producers and importers shall tag energy efficiency labels to the appliances listed in the catalog of national energy efficiency label administration, provide energy efficiency information on the package or in the user instructions, and file such appliance energy efficiency information with both the supervision departments for the product quality and the administrative department for energy conservation under the State Council.
Producers and importers shall be responsible for the accuracy of the appliance energy efficiency labels. It is prohibited to sell appliances that are required to have an energy efficiency label but do not have such a label. It is prohibited to forge, fraudulently use energy efficiency labels or use energy efficiency labels for false propaganda.
Article 20 notes:
The producer and seller may, on a voluntary basis and in accordance with the State regulations, apply energy efficiency certificates for their products and/or equipment from the agencies authorized by the State Council to perform such production and equipment energy efficiency tests and certifications. An energy efficiency equipment or product certificate can be affixed to the certified equipment or product or its packaging. It is prohibited to use forged product energy efficiency certificates, or fraudulently use product energy efficiency certificates.

Other main related regulations include:
Management Method of Energy Conservation Products Certification issued by the National Development and Reform Commission (NDRC),
Management Method of National Supervision and Inspection of Products Quality issued by the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ),
Management Method of Energy Efficiency Label jointly issued by NDRC and AQSIQ.

Basic Organization of Standards and Labeling Authorities

National Development and Reform Commission (NDRC)
As the key government agency for implementing the Energy Conservation Law, NDRC is very much involved with the Minimum Energy Performance Standards (MEPS) establishment and enforcement. NDRC proposes to make relative standards for certain energy consuming products and organizations like SAC and CNIS will carry out the necessary study and practical work to write the standard.
Website: www.ndrc.gov.cn

Standardization Administration of the PRC (SAC)
SAC was established in April 2001 and authorized by the State Council to exercise administrative responsibilities by undertaking unified management, supervision and overall coordination of standardization works in China.

SAC represents China in the International Organization for Standardization (ISO), the International Electrotechnical Commission (IEC) and other international and regional standardization organizations; SAC is responsible for organizing the activities of Chinese National Committee for ISO and IEC; SAC approves and organizes the implementation of international cooperation and exchanging projects on standardization.

Main Responsibilities of SAC
1. To draft and revise the state laws and regulations on standardization, to formulate and implement the policies on standardization; to formulate the national administrative rules on standardization and develop relevant systems; to organize the implementation of laws, rules and systems on standardization;
2. To be responsible for formulating the development programs on standardization of China; to organize, coordinate and draft the programs on the development and revision of national standards;
3. To be responsible for organizing the development and revision of national standards; to be responsible for the examination, approval, numbering and publication of national standards;
4. To be responsible for the management of the funds used for developing and revising national standards and the funds specially used for research on standards and standardization activities;
5. To manage and guide the scientific & technical work related to standardization as well as the dissemination, education and training concerned;
6. To be responsible for coordinating and administering national technical committees of standardization concerned;
7. To be responsible for coordinating and guiding sector and local standardization work; to be responsible for registration of sector and local standards;
8. To represent China to join the International Organization for Standardization (ISO), International Electrotechnical Commission (IEC) and other international and regional standardization organizations; to be responsible for organizing the activities of Chinese National Committee for ISO and IEC; to be responsible for organizing domestic sectors and local areas to participate in the international or regional activities on standardization;to be responsible for signing and implementing international cooperation agreements in standardization field, and to examine, approve and organize the implementation of international cooperation and exchanging projects on standardization; to be responsible for the examination and approval of the participation of international activities related to standardization;
9. To administer the work of national systems of organizational entity codes and com¬modity bar codes;
10. To be responsible for dissemination, implementation and popularization of national standards; to supervise the implementation of national standards;
11. To administer national information work on standardization;
12. To carry out the notification and inquiry work of standards stipulated by WTO/TBT Agreement;
Website: www.sac.gov.cn

China National Institute of Standard (CNIS)
CNIS, founded in 1990 and directly subordinated to AQSIQ, is a non-profit national research body engaging in standardization research. The main responsibilities of CNIS are to conduct all-round, strategic, and comprehensive research of standardization during the development process of economy and society, to research and develop comprehensive fundamental standards, as well as to provide authoritative standards information services for government policy makers on standardization.

Since founded, CNIS has undertaken many national key scientific and research projects. Among them, three important projects of the 10th Five-Year Plan (2000-2005) Key Science and Technology Special Program, namely, Research on Development Strategies for Chinese Technical Standards, Research on Development of China's National Technical Standards System, and Basic Research on and Technological Measures for the Safety Standards of Main Foods, have played important supportive roles for promotion of national standardization.
Website: http://www.cnis.gov.cn

China Quality Certification Center (CQC)
Energy efficiency endorsement labeling certification was transferred from CSC to the China Quality Certification Center (CQC) in 2008 under the Certification and Accreditation Commission of China (CNCA).

China Quality Certification Centre (CQC) is a professional certification body under China Certification & Inspection Group (CCIC) approved by AQSIQ and Certification and Accreditation Administration of PRC (CNCA). In April 2002, CQC was established by merging 6 institutions under 5 ministries (including former China National Import & Export Commodities Inspection Corporation Quality Certification Centre; the Secretariat, Electrical Equipment Subcommittee, Home Appliance Subcommittee, and Electronics Subcommittee of former China Commission for Conformity Certification of Electrical Equipment; and CCIB Beijing Review Office).

CQC core business involves product certification, including China Compulsory Certification (CCC), voluntary certification, management system certification and certification training services. In addition, CQC is also a state authorized third-party certification body for certification of energy saving, water saving and environmental friendly products.
Website: www.cqc.com.cn

China Association for Standardization (CAS)
China Association for Standardization (CAS) was founded in 1978, consisting of organizations and individuals engaged in standardization in national wide based on the voluntary participating. It is a public society of standardization enjoying a legal status approved by the Ministry of Civil Affairs. Led by AQSIQ, CAS is one of the important members of China Association for Science & Technology. The routine executive body of CAS is the secretariat, which is composed of Executive Office (personnel Department included), Editorial & Publishing Department, Technology Development department, Reference Material Department, Education & Training Department and China Technical Consultation Center for Standardization.

With more than 20 years development CAS has been a comprehensive public society for standardization with a moderate scale engaged in academic research, standards development dissemination and education, training, technology exchanges, compiling and publishing, web site online, consultation service international communication and cooperation and so on.
Website: www.china-cas.com

The System of Chinese Standards

Chinese standards are divided into National Standards, Professional Standards, Local Standards and Enterprise Standards.
National Standards shall be developed for technical requirements need to be unified national wide.

Professional Standards may be developed for which no National Standards are available but unified technical requirements are needed in a certain professional field throughout country.

Local Standards may be developed for which neither National Standards nor Professional Standards are available, but unified requirements for safety and hygiene of industrial products are needed within a local area.

Enterprise Standards may be developed within an enterprise when National Standards, Professional Standards and Local Standards aren't available. However, an enterprise is encouraged to adopt National Standards, Professional Standards and Local Standards if they are available.
Moreover, national advisory technical documents may be developed for some developing projects, which are required relevant guiding standard documents or have standardization value but can't be developed formal standards or adopt ISO/IEC and other international standards at present.

CLASP's Resource for People's Republic of China