高效节能产品推广财政补助资金管理暂行办法
财政部 国家发展和改革委员会
关于开展“节能产品惠民工程”的通知
财建[2009]213号
各省、自治区、直辖市、计划单列市财政厅(局)、发展改革委(经委、经贸委、经信委、工信委、工信厅),新疆生产建设兵团财务局、发展改革委:
根据《国务院关于加强节能工作的决定》(国发[2006]28号)和《国务院关于进一步加强节油节电工作的通知》(国发[2008]23号),经国务院同意,财政部、国家发展改革委组织实施“节能产品惠民工程”,采取财政补贴方式,加快高效节能产品的推广,一方面有效扩大内需特别是消费需求,另一方面提高终端用能产品能源效率。为加强财政资金管理,我们制定了《高效节能产品推广财政补助资金管理暂行办法》,现印发给你们,请遵照执行。
各地要充分认识开展“节能产品惠民工程”的重要性和紧迫性,统一思想,加强领导,协同配合,扎实工作,大力宣传,采取积极有效措施,确保“节能产品惠民工程”顺利实施。
附件:高效节能产品推广财政补助资金管理暂行办法
高效节能产品推广财政补助资金管理暂行办法
第一章 总 则
第一条根据《国务院关于加强节能工作的决定》(国发[2006]28号)和《国务院关于进一步加强节油节电工作的通知》(国发[2008]23号),中央财政安排专项资金,支持高效节能产品的推广使用,扩大高效节能产品市场份额,提高用能产品的能源效率水平。为加强高效节能产品推广财政补助资金(以下简称“补助资金”)管理,提高资金使用效益,特制定本办法。
第二条本办法所称高效节能产品是指满足使用功能和质量要求的前提下,依据能源效率国家标准,能源效率较高的用能产品。
第三条生产企业是高效节能产品推广的主体。中央财政对高效节能产品生产企业给予补助,再由生产企业按补助后的价格进行销售,消费者是最终受益人。
第四条补助资金按照科学合理、公正透明的原则安排使用,并接受社会监督。
第二章推广产品与推广企业
第五条国家将量大面广、用能量大、节能潜力明显的高效节能产品纳入财政补贴推广范围。具体产品种类另行确定。当高效节能产品市场份额达到一定水平时,国家不再补贴推广。
第六条财政部、国家发展改革委建立推广企业和产品准入制度,制定各类产品推广实施细则。
第七条符合条件的生产企业根据实施细则要求,将高效节能产品推广申请报告及下述材料报所在地节能主管部门和财政部门,经省级节能主管部门、财政部门审核后,报国家发展改革委、财政部。
(一)产品的能源效率及质量性能参数;
(二)产品推广价格;
(三)推广方案;
(四)其他相关材料。
第八条国家发展改革委、财政部组织对地方上报的高效节能产品推广申请报告及相关材料进行审核,并公告推广产品规格型号及推广企业目录。
第三章 补助条件
第九条财政补助的高效节能产品必须符合以下条件:
(一)符合能源效率国家标准要求,能源效率等级为1级或2级,其它质量性能符合相关国家标准规定;
(二)推广数量达到一定规模;
(三)实际销售价格不高于企业承诺的推广价格减去财政补助后的金额;
(四)具有唯一可识别的产品条码序列号,外包装和本体上按要求加施“节能产品惠民工程”标识和字样;
(五)推广企业具有完善的售后服务体系,履行约定的质量及服务;
(六)推广企业具有完备的产品销售及用户信息管理系统,按要求提供相关信息;
(七)产品推广实施细则规定的其他要求。
第四章资金使用范围和补助标准
第十条补助资金主要用于高效节能产品推广补助和监督检查、标准标识、信息管理、宣传培训等推广工作经费。
第十一条高效节能产品推广补助标准主要根据高效节能产品与同类普通产品成本差异的一定比例确定。具体标准在相应实施细则中明确。
第十二条鼓励有条件的地方安排一定资金支持高效节能产品推广。
第五章 补助资金申报和下达
第十三条推广企业在月度终了后,将上月高效节能产品实际推广情况汇总录入信息管理系统,并于10日内将推广情况及相关信息逐级上报财政部、国家发展改革委。
第十四条地方财政部门、节能主管部门通过高效节能产品推广信息管理系统对本地区产品推广情况进行审核。
第十五条财政部根据推广企业月度推广情况,预拨产品推广补助资金。各级财政部门按照财政国库管理制度等有关规定,将补助资金及时拨付给推广企业。
第十六条年度终了后30日内,推广企业编制上年度补助资金清算报告,逐级上报财政部。财政部根据地方财政部门、节能主管部门审核结果和专项核查情况进行补助资金清算。
第十七条财政部根据高效节能产品推广工作进展、资金需求等情况安排一定工作经费。
第六章 监督管理
第十八条财政部、国家发展改革委组织对高效节能产品推广情况开展专项检查。地方财政部门、节能主管部门对高效节能产品推广情况进行日常核查。
第十九条推广企业有下列情形之一的,财政部、国家发展改革委将视情节给予通报批评、扣减补助资金等处罚。情节严重的,由国家发展改革委、财政部取消企业高效节能产品推广资格:
(一)提供虚假信息、骗取补助资金的;
(二)推广产品的能源效率、质量性能指标不符合要求的;
(三) 年推广高效节能产品数量未达到规定规模的;
(四) 推广产品实际销售价格高于企业承诺推广价格减去财政补助的;
(五) 未按要求使用标识,或伪造、冒用标识,利用标识做虚假宣传,误导消费者的。
第二十条对出具虚假报告和证明材料的相关机构,一经查实,予以公开曝光,并视情节追究其相应法律责任。
第二十一条补助资金必须专款专用。任何单位不得以任何理由、任何形式截留、挪用。对违反规定的,按照《财政违法行为处罚处分条例》(国务院令第427号)等有关规定,依法追究有关单位和人员的责任。
第七章 附 则
第二十二条本办法由财政部、国家发展改革委负责解释。
第二十三条本办法自印发之日起实施。
TRADE DESCRIPTIONS ORDINANCE ——附加英文版
Hong Kong
TRADE DESCRIPTIONS ORDINANCE
(CHAPTER 362)
ARRANGEMENT OF SECTIONS
ion
I PRELIMINARY
hort title
nterpretation
pecial provisions applicable to goldware
arking orders
nformation to be given in advertisements
II FALSE TRADE DESCRIPTIONS OR REPRESENTATIONS AND FORGED
TRADE
S
pplying a trade description, trade mark or mark to goods
ffences in respect of trade descriptions
rade descriptions used in advertisements
ffences in respect of trade marks
False representations as to Royal approval or award. etc.
False representations as to supply of goods
Prohibited import and export of certain goods
Power to exempt goods sold for export
III ENFORCEMENT
Appointment of authorized officers
Power to enter premises and inspect and seize goods and documents
Restrictions on the entry and search of domestic premises
Power to detain goods by locking or sealing premises or container
Powers of arrest of authorized officers
Disclosure of information, etc.
Offences of obstruction and disclosure of information
Penalties
Time limit for prosecutions
Offences by corporations
Offences due to fault of other person
Accessory to offences committed outside Hong Kong
Samples
Evidence by certificate
Rule of evidence regarding imported goods with false trade
ription
Description of trade mark in pleading
Defence mistake, accident, etc.
Innocent publication of advertisements
Costs in proceedings
Power to make orders with respect to property in possession of
the
n
Forfeiture and disposal of certain goods
[Repealed]
IV MISCELLANEOUS
Trade marks containing trade descriptions
Definition Orders
Saving for civil rights
Compensation for loss of goods seized under section 15 (1) (f)
Whole document
rohibit false trade descriptions, false marks and
misstatements in
ect of goods provided in the course of trade; to confer
power to
ire information or instruction relating to goods to be marked on
or to
mpany the goods or to be included in advertisements; to prohibit
the
thorized use of devices or emblems signifying an award by the
Queen or
Governor; to restate the law relating to forgery of trade marks;
and
purposes connected therewith.
pril 1981.]
PART I PRELIMINARY
hort title.
Ordinance may be cited as the Trade Descriptions Ordinance.
nterpretation.
In this Ordinance, unless the context otherwise requires--
ertisement" includes a catalogue, a circular and a price list;
horized officer" means a public officer appointed under section
14;
missioner" means the Commissioner of Customs and Excise and any
Deputy
ssistant Commissioner of Customs and Excise; (Added, L. N.
294/82)
vention country" has the meaning assigned to it by section 13A
(6) of
Trade Marks Ordinance (Cap. 43.);
se trade description" means--
a trade description which is false to a material degree;
a trade description which, though not false, is misleading, that
is to
likely to be taken for such an indication of any of the
matters
ified in the definition of "trade description" as would be false
to a
rial degree;
anything which, though not a trade description, is likely to be
taken
an indication of any of the matters specified in the
definition of
de description" and, as such an indication, would be false
to a
rial degree;
a false indication, or anything likely to be taken as an
indication
h would be false, that any goods comply with a standard specified
or
gnized by any person or implied by the approval of any person if
there
o such person or no standard so specified, recognized or implied;
or
a false indication, or anything likely to be taken as an
indication
h would be false, that any goods of any class or type--
being goods in respect of which duty is payable under the laws
of Hong
, are supplied free of the duty so payable in respect of that class
or
of goods; or
not being goods in respect of which duty is payable under the laws
of
Kong, are supplied free of the duty so payable;
ds" includes vessel and aircraft. things attached to land and
growing
s; "goods in transit" means goods which--
are brought into Hong Kong solely for the purpose of taking them
out
ong Kong; and
remain at all times in or on the vessel, aircraft or vehicle in
or on
h they are brought into Hong Kong;
ort" means to bring, or cause to be brought, into Hong Kong;
mises" includes any place and any stall, vehicle, vessel or
aircraft;
de description" means an indication, direct or indirect,
and by
ever means given, of any of the following matters with respect
to any
s or parts of goods, that is to say--
quantity (which includes length, width, height, area,
volume,
city, weight, and number), size or gauge;
method of manufacture. production, processing or reconditioning;
composition;
fitness for purpose, strength, performance, behaviour or
accuracy;
any physical characteristics not included in the preceding
paragraphs;
testing by any person and results thereof;
approval by any person or conformity with a type approved
by any
on;
place or date of manufacture , production,
processing or
nditioning;
person by whom manufactured, produced, processed or
reconditioned;
other history, including previous ownership or use;
de mark" means--
a trade mark relating to goods registered in Hong Kong under the
Trade
s Ordinance (Cap. 43.);
a trade mark registered in the register of trade marks kept under
or
erved by the Trade Marks Act 1938;
a trade mark--
registered, or in respect of which an application for
registration has
made, in a British territory or a Convention country; and
capable of registration in Hong Kong under the Trade Marks
Ordinance
trade mark relating to goods, and
) in respect of which a period of 6 months has not expired since
the
of the application for the registration thereof in a
British
itory or a Convention country.
(a) For the purposes of this Ordinance, goods shall be deemed to
have
--
manufactured in the country in which they last underwent a
treatment
rocess which changed permanently and substantially the shape,
nature,
or utility of the basic materials used in their manufacture; or
produced in the country in which they were wholly grown or mined.
The Commissioner may by order specify--(Amended, L. N. 294/82)
in relation to any description of goods, what treatment or process
is
e regarded for the purposes of this Ordinance as resulting
or not
lting in a permanent and substantial change in shape, nature, form
or
ity of the basic materials used in their manufacture;
in relation to any description of goods different parts of which
were
factured or produced in different countries, or of goods
assembled in
untry different from that in which their parts were
manufactured or
uced, in which of those countries the goods are to be regarded
for the
oses of this Ordinance as having been manufactured or produced.
This subsection shall not apply to goods which are the subject
of a
ce published under subsection (2A).
The Director-General of Trade may by notice in the Gazette specify
in
tion to any description of goods (being goods that are subject
to a
me of import or export control specified in the notice) the place
in
h the goods are to be regarded for the purposes of this Ordinance
as
ng been manufactured or produced, and any such goods shall, for
the
oses of this Ordinance, be deemed to have been
manufactured or
uced in such place. (Added 96 of 1991, s. 2)
For the purposes of this Ordinance, a trade description or
statement
ished in any newspaper, book or periodical or in any film or sound
or
vision broadcast shall not be deemed to be a trade description
applied
tatement made in the course of a trade or business unless it
is or
s part of an advertisement.
pecial provisions applicable to goldware.
Notwithstanding the definition of "false trade description" in
section
trade description which indicates the fineness (whether in parts
per
sand or in carats) of gold shall be a false trade description if
that
cation is false to any extend or degree, except by understating
the
ness.
For the purpose of construing descriptions relating to the
fineness of
--
a description indicating that an article, or the metal in an
article,
o many carats shall be presumed to be an indication that the
article
etal is of gold, and that its fineness is that specified in the
table
he Schedule for that number of carats;
paragraph (a) shall not apply if (as in a case where the article
is a
ious stone) the word "carat" is used as a measure of
weight for
ious stones, and not as a measure of fineness.
Notwithstanding the definition of "false trade description" in
section
a trade description which indicates that any article (other
than an
cle of pure gold) is of gold shall be a false trade description
unless
article consists solely of gold alloy and--
contains not less than 8 carats of gold; or
bears a mark clearly indicating in carats, by number or by number
and
letters "k", "c" or "ct", the fineness of the gold content; or
) bears a mark clearly indicating in parts per thousand the
fineness
he gold content; and
a mark calculated to be taken as an indication of the fineness
of gold
n article--
which is plated with or enclose in gold alloy or gilded; or
to which gold alloy is soldered or otherwise affixed, shall
be a
e trade description unless it is manifest from the appearance of
the
cle that the mark refers solely to the part of the article
which
ists of gold alloy.
Any number of 1 or 2 digits on an article which indicates or
purports
ndicate, or is likely to be taken as an indication of, the fineness
in
ts of its gold content shall be a false trade description unless
the
cle contains at least the same proportion of pure gold as the
number
s to 24.
Any number of 3 digits on an article which indicates or
purports to
cate, or is likely to be taken as an indication of, the fineness
in
er of parts per thousand of its gold content shall be a false
trade
ription unless the article contains gold of such a
standard of
ness.
For the purposes of this section "fineness" means the
proportion of
gold in accordance with subsection (4) or the number of
parts by
ht of gold in accordance with subsection (5) as the case may
require.
arking orders.
The Governor in Council may by order require that any goods
specified
he order shall be marked with or accompanied by any information
ther or not amounting to or including a trade
description) or
ruction relating to the goods and, subject to the provisions of
this
nance, impose requirements for securing that the goods are so
marked
ccompanied, and regulate or prohibit the supply of goods with
respect
hich the requirements are not complied with; and the requirements
may
nd to the form and manner in which the information or instruction
is
e given.
Where an order under this section is in force with respect to goods
of
description, any person who, in the course of any trade or
business,
lies or offers to supply goods of that description in
contravention of
order commits an offence.
An order under this section may make different provision for
different
umstances and may, in the case of goods supplied in
circumstances
e the information or instruction required by the order would
not be
eyed until after delivery, required the whole or part thereof
to be
displayed near the goods.
nformation to be given in advertisements.
The Governor in Council may by order require that any
description of
rtisements of any goods specified in the order shall contain or
refer
information (whether or not amounting to or including
a trade
ription) relating to such goods and subject to the provisions of
this
nance impose requirements as to the inclusion of that
information or
n indication of the means by which it may be obtained.
An order under this section may specify the form and manner in
which
such information or indication is to be included in
advertisements of
description and may make different provision for
different
umstances.
Where an advertisement of any goods to be supplied in the
course of
trade or business fails to comply with any requirement imposed
under
section, any person who publishes the advertisement
commits an
nce.
PART II FALSE TRADE DESCRIPTIONS OR REPRESENTATIONS AND
FORGED TRADE MARKS
pplying a trade description, trade mark or mark to goods.
A person applies a trade description or trade mark or mark to goods
if
affixes or annexes it to or in any manner marks it on or
incorporates
ith--
the goods themselves; or
anything in, on or with which the goods are supplied;
places the goods in, on or with anything which the trade
description
rade mark or mark has been affixed or annexed to, marked
on or
rporated with, or places any such thing with the goods;
uses the trade description or trade mark or mark in any manner
likely
e taken as referring to the goods; or
makes in any affidavit, declaration or writing any statement
to the
ct that a trade description or trade mark or mark is applicable
to the
s.
An oral statement may amount to the use of a trade
description or
e mark or mark.
Where goods are supplied in pursuance of a request in which a
trade
ription or trade mark or mark is used and the circumstances are
such
o make it reasonable to infer that the goods are supplied as
goods
esponding to that trade description or trade mark or mark, the
person
lying the goods shall be deemed to have applied that trade
description
rade mark or mark to the goods.
ffences in respect of trade descriptions.
Subject to the provisions of this Ordinance, any person who--
in the course of any trade or business--
applies a false trade description to any goods; or
supplies or offers to supply any goods to which a false
trade
ription is applied; or
has in his possession for sale or for any purpose of
trade or
facture any goods to which a false trade description is
applied.
its an offence.
A person exposing goods for supply or having goods in his
possession
supply shall be deemed to offer to supply them.
Subject to the provisions of this Ordinance any person who
disposes of
as in his possession any die, block, machine, or other instrument
for
purpose of making, or applying to goods a false trade
description
its an offence unless he proves that he acted without
intent to
aud.
rade descriptions used in advertisements.
The following provisions of this section shall have effect where
in an
rtisement a trade description is used in relation to any
class of
s.
The trade description shall be taken as referring to all goods
of the
s, whether or not in existence at the time the
advertisement is
ished--
for the purpose of determining whether an offence has been
committed
r section 7 (1) (a) (i); and
where goods of the class are supplied or offered to be supplied
by a
on publishing or displaying the advertisement, also for the
purpose of
rmining whether an offence has been committed under section 7 (1)
(a)
.
In determining for the purposes of this section whether any goods
are
class to which a trade description used in an advertisement
relates,
rd shall be had not only to the form and content of the
advertisement
also to the time, place, manner and frequency of its publication
and
other matters making it likely or unlikely that a person to whom
the
s are supplied would think of the goods as belonging to the class
in
tion to which the trade description is used in the advertisement.
ffences in respect of trade marks.
Subject to the provisions of this Ordinance, any person who--
forges any trade mark;
falsely applies to any goods any trade mark or any mark so
nearly
mbling a trade mark as to be calculated to deceive;
makes any die, block, machine or other instrument for the
purpose of
ing, or of being used for forging, a trade mark;
disposes of or has in his possession any die, block, machine or
other
rument for the purpose of forging a trade mark; or
causes to be done anything referred to in paragraph (a), (b), (c)
or
commits an offence unless he proves that he acted without intent
to
aud.
Subject to the provisions of this Ordinance, any person who
sells or
ses or has in his possession for sale or for any purpose of trade
or
facture, any goods to which any forged trade mark is applied,
or to
h any trade mark or mark so nearly resembling a trade mark as
to be
ulated to deceive is falsely applied, commits an offence.
For the purposes of this section, a person shall be deemed--
to forge a trade mark who either--
without the assent of the proprietor of the trade mark, makes
that
e mark or a mark so nearly resembling that trade mark as
to be
ulated to deceive; or
falsifies any genuine trade mark, whether by alteration,
addition,
cement or otherwise;
falsely to apply to goods a trade mark who without the assent of
the
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