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Article 1. The present Provisions are formulated according to the Meteorological Law of the People's Republic of China and in combination of the real situation in the meteorological sector for the purpose of intensifying the administration of the meteorological sector, promoting the sound development, optimizing the allocation of resources, realizing the pooling of resources, and elevating the overall benefits in the meteorological sector. Article 2. Where the meteorological administrative organs at all levels and the affiliated meteorological offices/stations as well as the other relevant departments of the State Council or the people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government and the affiliated meteorological offices/stations engage in the meteorological undertaking within the territory of the People's Republic of China or any other sea area under the jurisdiction of the People's Republic of China, the present Provisions shall be observed. Article 3. The meteorological administrative organ of the State Council shall take charge of the administration of the meteorological sector throughout the country. The local meteorological administrative organs at all levels shall, under the leadership of the meteorological administrative organ at a higher level as well as the people's government at the same level, take charge of the administration of the meteorological sector within their administrative divisions. Article 4. The local meteorological administrative organs at all levels shall organize the formulation of the planning and policies for the meteorological sector, improve the regulations and standards of the meteorological sector, intensify the supervision of the meteorological sector, strengthen the coordination, guidance and services within the meteorological sector, and allocate the state input for the meteorological sector in a reasonable manner. Article 5. The meteorological administrative organs at all levels shall organize activities such as cooperation and exchange regarding the operation, and technology in the meteorological sector, the publicity for the popularization of meteorological science, and the application and popularization of the achievements of meteorological science and technology so as to elevate the quality of meteorological undertaking. Article 6. The meteorological administrative organ of the State Council and the meteorological administrative organs of all provinces, autonomous regions, and municipalities directly under the Central Government shall formulate the development planning for the meteorological undertaking based on the principles of reasonable allocation, effective utility, and overall consideration of both the present and long-term requirements. The meteorological administrative organ of the State Council shall organize the relevant departments to formulate the national development planning for the meteorological undertaking and report it to the State Council or the relevant department for approval before the relevant implementation is organized. The meteorological administrative organ of a province, autonomous region, or municipality under the Central Government shall organize the relevant departments to formulate the development planning for the meteorological sector of the province, autonomous region, or municipality under the Central Government according to the national development planning for the meteorological undertaking and report it to the meteorological administrative organ of the State Council as well as the people's government at the same level for approval before implementation. Any other relevant department of the State Council or the people's government of a province, autonomous region, or municipality directly under the Central Government may, according to the development planning for the meteorological sector, formulate the development planning for the meteorological undertaking of the department or within the sector and report it to the meteorological administrative organ of the State Council for archival filing before the relevant implementation is carried out. Article 7. The construction project of any important meteorological facilities shall, before the relevant project proposal and feasibility report are reported for approval, be subject to the examination and approval of the meteorological administrative organ of the State Council or the relevant meteorological administrative organ of the province, autonomous region, or municipality under the Central Government according to the relevant authority of examination and approval on the project. Article 8. Where any meteorological administrative organ at any level newly builds any meteorological office/station, the office/station shall be reported to the meteorological administrative organ of the State Council or the relevant meteorological administrative organ of the province, autonomous region, or municipality directly under the Central Government before establishment. Where a new meteorological office/station is under construction, the standards and criterion on the construction of meteorological offices/stations shall be observed. Where the relevant department of the State Council or the people's government of a province, autonomous region, or municipality under the Central Government newly builds up any meteorological office/station, it shall, according to the relevant provisions, standards and criterion for the construction of meteorological offices/stations, be subject to the examination and approval of the relevant meteorological administrative organ of the province, autonomous region, or municipality under the Central Government at the locality and thereafter, be reported for examination and approval to the competent organ in charge of examination and approval. Any temporary meteorological observation conducted for the purpose of teaching or scientific research shall be reported to the local meteorological administrative organ of the province, autonomous region, or municipality under the Central Government for archival filing and shall be confined to a term of 2 years. Where any temporary meteorological observation has been conducted for more than 2 years, it shall be handled according to the provisions on newly-constructed meteorological offices/stations. Article 9. Where any meteorological administrative organ at any level moves any meteorological office/station, it shall be implemented according to the provisions of Article 12 of the Meteorological Law of the People's Republic of China on the move of the State's reference climatic stations, the State's basic meteorological stations and other meteorological stations. Where any other relevant department of the State Council or the people's government of a province, autonomous region, or municipality directly under the Central Government moves any meteorological office/station subject to the department or within its sector, it shall be implemented according to the provisions of Article 12 of the Meteorological Law of the People's Republic of China on the move of other meteorological offices/stations. Where any other relevant department of the State Council or the people's government of a province, autonomous region, or municipality directly under the Central Government cancels any meteorological office/station under the regional administration of the meteorological administrative organ of the State Council, it shall be subject to the examination and approval of the local meteorological administrative organ of the province, autonomous region, or municipality directly under the Central Government. Article 10. The meteorological administrative organ of a province, autonomous region, or municipality directly under the Central Government shall conduct archival filing and statistical undertaking on a periodic base for the construction of any meteorological office/station constructed by any other relevant department of the State Council or the people's government of a province, autonomous region, or municipality directly under the Central Government or by any other organization or individual within its administrative division. Article 11. The meteorological administrative organ of the State Council shall take charge of the centralized administration of meteorological standardization throughout the country and organize the formulation and revision of the national standards, industrial standards, criterion and procedures of the meteorological sector in a unified manner. The meteorological administrative organ of a province, autonomous region, or municipality directly under the State Council may, according to the relevant requirements, organize the relevant departments to formulate and revise the local meteorological standards, criterion and procedures. Article 12. The meteorological administrative organs at all levels, the other relevant departments of the State Council as well as the people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government shall organize the implementation of the meteorological standards, criterion and procedures. The affiliated meteorological offices/stations thereto shall observe the meteorological standards, criterion and procedures formulated by the state. In the case of any special provision, it shall prevail. Article 13. The meteorological administrative organ of the State Council and the meteorological administrative organs of all provinces, autonomous regions, and municipalities directly under the Central Government shall intensify the construction of meteorological information network, build a platform for the pooling and sharing of meteorological information so as to realize the pooling of meteorological information resources. The meteorological administrative organ of the State Council and the meteorological administrative organs of all provinces, autonomous regions, and municipalities directly under the Central Government shall do a good job in receiving, preserving, applying and supervising the meteorological materials summarized and submitted. Article 14. The meteorological offices/stations affiliated to the meteorological administrative organs at all levels shall, according to the relevant provisions of the meteorological administrative organ of the State Council, carry out meteorological sounding and shall summarize and submit the meteorological sounding materials to the relevant meteorological administrative organs. Without an approval of the meteorological administrative organ at a higher level, no meteorological sounding may be suspended. A meteorological office/station affiliated to any other department of the State Council or the people's government of a province, autonomous region, or municipality directly under the Central Government as well as an organization or individual that engages in the meteorological sounding shall summarize and submit the meteorological sounding materials obtained to the meteorological administrative organ of the State Council or the meteorological administrative organ of the province, autonomous region, or municipality directly under the Central Government according to the relevant provisions of the state. Article 15. The meteorological sounding materials for summarization, submission and pooling shall be subject to the examination of the relevant meteorological administrative organ or an entity authorized by the administrative organ. An entity with the qualification of appraising the atmospheric impact shall, when carrying out any appraisal on the atmospheric impact for any engineering project, apply the meteorological materials provided by the meteorological administrative organ or that has been subject to the examination of the meteorological administrative organ. Article 16. The meteorological offices/stations affiliated to the meteorological administrative organs at all levels shall, according to their functions and duties, issue the meteorological forecast and early warning of severe weather as well as make supplementation or revision according to the change of weather in a timely manner. Any other organization or individual may not issue any meteorological forecast or early warning of severe weather to the general public. A meteorological office/station affiliated to any other relevant department of the State Council or the people's government of a province, autonomous region, or municipality directly under the Central Government may issue special meteorological forecasts that are applied within the sector. The meteorological administrative organs at all levels shall intensify the forecast and services provided by the meteorological offices/stations affiliated to the other relevant departments of the State Council or the people's governments of the relevant provinces, autonomous regions, and municipalities under the Central Government. Article 17. A meteorological office/station shall apply the instrument for meteorological sounding and special technical equipment marked with quality identification and carrying the license for use issued by the meteorological administrative organ of the State Council. The metrological instrument for meteorological sounding that hasn't been inspected, fails to pass the inspection or whose valid term is found to have expired upon inspection shall not be used in the meteorological undertaking. Article 18. The meteorological administrative organ of the State Council and the meteorological administrative organs of all provinces, autonomous regions, or municipalities directly under the Central Government shall, according to the development requirements of meteorological undertaking, set forth the requirements of training the professional technicians in the meteorological sector on a periodic base, formulate the training plans of professional techniques and organize the relevant implementation. Article 19. Where any foreign organization, individual or overseas institution engages in any meteorological undertaking within the territory of the People's Republic of China or any other sea area in either an independent or a cooperative way, it shall file an application with the local meteorological administrative organ of the province, autonomous region or municipality directly under the Central Government and report it to the meteorological administrative organ of the State Council for examination and approval. Article 20. The meteorological administrative organs at all levels shall, in collaboration with the relevant departments, organize the supervision and examination over the implementation of the meteorological standards, criterion and procedures by meteorological offices/stations on a period base and shall order the meteorological office/stations, if any, that fail to comply with the relevant provisions to correct within a time limit. Article 21. Where the construction of any key meteorological facility is carried out without any examination and approval, the local meteorological administrative organ shall report it to the people's government at the same level for an order of correction. Where any serious damage is incurred, the local people's government shall prosecute the administrative liabilities of the relevant liable persons according to law. Article 22. Where any individual or entity violates the present Measures by having any of the following acts, the relevant meteorological administrative organ shall, according to its power limit, file an application with the local people's government or its superior administrative department for an order of correction within a time limit or for a warning in the case of any serious circumstances: (1) Failing to go through the examination and obtain an approval for moving or canceling any meteorological office/station; or (2) Failing to observe the relevant meteorological standards, criterion or procedures formulated by the state; Article 23. In the case of no relevant standard in the present Provisions, the matter concerned shall be handled according to the Meteorological Law of the People's Republic of China as well as any other relevant law, regulation and rule. Article 24. Where any international treaty on meteorological undertaking concluded or acceded to by the People's Republic of China has any different stipulation from the present Provisions, the international treaty shall prevail, except for any article that the People's Republic of China has announced reservation. Article 25. The present Provisions shall come into force as of March 1, 2006. |
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