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中华人民共和国气象条例 REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON METEOROLOGICAL SERVICES

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国务院令第164号
(Adopted at the 22nd Executive Meeting of the State Council on July 4, 1994, promulgated by Decree No. 164 of the State Council of the People's Republic of China on August 18,1994, and effective as of the date of promulgation)
颁布日期:19940818  实施日期:19940818  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Regulations are formulated to strengthen the meteorological services for making and issuing accurate and timely weather forecast, carrying out climate prediction, preventing and alleviating weather related disasters, protecting people's life and property, exploiting climate resources in a rational manner, so as to promote economic construction and social development.

  Article 2 These Regulations shall apply to meteorological activities such as meteorological observation, forecast, service, prevention of weather related disasters and exploitation of climate resources carried on within the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China.

  Article 3 The state shall, in the field of the meteorological services, practice a unified system of leadership combined with control at separate levels and by separate departments.

  The competent agency of the national meteorological services authorized by the State Council (hereinafter referred to as the competent meteorological agency under the State Council) shall be in charge of the meteorological services throughout the country. The competent meteorological agencies in the provinces, autonomous regions and municipalities directly under the central government shall be in charge of the meteorological services in their respective administrative regions. The local competent meteorological agencies at various levels shall be subject to dual leadership of the competent meteorological agencies at the higher level, which shall play the chief role, and the people's governments at their corresponding level.

  Other departments under the State Council, which have meteorological agencies under them, shall, within the field of division of work, be in charge of the meteorological services of their respective departments, subject to the professional control of the competent meteorological agency under the State Council.

  Article 4 The people's governments at various levels shall strengthen their leadership in the meteorological services within their jurisdiction and give support to the building of the meteorological infrastructures. The local people's government at and above the county level may, according to the overall arrangement of the national meteorological modernization program and the needs of the local social and economic development, build their local meteorological services projects mainly in the service of the local economic construction. The investment needed for the capital construction and the expenses of the related institutions shall be entered respectively in the national economic and social development plan and the budget at their corresponding level.

  Article 5 The meteorological services devoted to the public service shall be provided free of charge; those belonging to the specialized meteorological services may be provided with charges.

  Article 6 The state encourages citizens, legal persons and other organizations to be engaged in meteorological observations and researches in weather forecast techniques according to these Regulations. Their legitimate rights shall be protected by the state.

  Article 7 Any foreign organization or individual which intends to carry on weather related activities in the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China shall be subject to the approval of the competent meteorological agency under the State Council jointly with the competent department concerned, and abide by the pertinent laws and regulations of the People's Republic of China.

  Chapter II Meteorological Observation

  Article 8 The distribution of national weather stations network shall be planned by the competent meteorological agency under the State Council.

  Article 9 The observation sites, equipment, facilities, signs and meteorological telecommunication circuits, channels and installations shall be protected by the state. Any organization or individual must not remove them without authorization or damage them.

  Article 10 Engineering construction and other activities within the protected environment of weather observation, which are of possible unfavorable impacts on weather observation, are prohibited. The approval of the competent meteorological agency must be obtained if such activities are needed under special circumstances.

  The measures for the protection and control of the weather observation environment shall be formulated by the competent meteorological agency under the State Council jointly with the competent departments concerned under the State Council.

  Article 11 The locations and associated installations of weather stations shall keep stable for a long period of time. The observation sites, installations and environmental conditions of weather stations shall be protected and managed according to their categories and grades. Where any ordinary weather station or its associated installations have to be removed as a result of engineering construction or urban planning, the organization in charge of construction shall submit the removal proposal to the competent meteorological agency of the relevant province, autonomous region or municipality directly under the central government for approval a year in advance; where any state climate reference station or synoptic meteorological station has to be removed, the organization in charge of construction shall submit the removal proposal to the competent meteorological agency under the State Council for approval two years in advance. The expenses needed for the removal and reconstruction of the weather station and its associated installation shall be borne by the organization in charge of construction.

  Article 12 Where the observation environment or installations of any weather station are damaged by natural disaster or war, the people's government in the locality shall take immediate action to have them restored so as to ensure the normal operation of the meteorological services.

  Article 13 The weather data obtained by any foreign organization or individual from its independent observation or from its joint observation with any department or individual of the People's Republic of China within the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China shall belong to the People's Republic of China. The provider of the observation data shall have a right to use it.

  Chapter III Forecast and Warning

  Article 14 The state shall institute a unified issuing system of weather forecast and severe weather warning.

  Weather forecast and severe weather warning shall be issued ex officio by the weather stations of various levels subordinated to the competent meteorological agency under the State Council. Any other organization or individual may not issue weather forecast or severe weather warning to the public via mass media. Rules governing the issuing of weather forecast and severe weather warning shall be formulated by the competent meteorological agency under the State Council.

  The weather stations subordinated to other departments concerned of the State Council may issue specialized weather forecast to their respective departments. Such stations may, with the approval of the competent meteorological agency of the relevant province, autonomous region or municipality directly under the central government, provide weather forecast services to the local organizations in remote and outlying districts where the state weather stations are scarce.

  Article 15 The weather stations of various levels, subordinated to the competent meteorological agency under the State Council, shall, according to the needs of economic construction and disaster prevention and alleviation in the locality, make and issue accurate and timely weather forecast and severe weather warning, and, according to changes of the climate, issue supplementary or corrected forecast or warning in time.

  Article 16 The post and telecommunication departments at various levels shall, according to the relevant regulations of the state, cooperate closely with the meteorological agencies at the corresponding level so as to ensure the smooth, speedy and accurate transmission of meteorological information, weather forecast and severe weather warning.

  The state encourages other departments and organizations to transmit meteorological information via their respective telecommunication means.

  Article 17 Radio stations, television stations and other broadcasting agencies shall ensure the regular broadcasting of weather forecast programs. Where, under special circumstances, the broadcasting schedules or contents need to be changed, the permission from the weather station which issues the weather forecast or severe weather warning is required in advance. Any warning of severe weather which may affect severely the national economy and people's livelihood, and any updated or corrected weather forecast, issued by the weather station in the locality, shall be broadcast in addition or inserted in other broadcasts.

  Article 18 Weather stations of various levels, subordinated to the competent meteorological agency under the State Council, shall inform in time the people's government in the locality of the severe weather which may affect the locality, so as to provide it with the basis and suggestions for taking measures to prevent or alleviate the disaster, and circulate a notice to the departments concerned.

  Chapter IV Precautions against Weather Related Disasters

  Article 19 The local people's governments and the departments concerned at various levels shall, on the basis of weather forecast and severe weather warning, take preventive and rescue measures in time in the areas where the weather related disaster may occur so as to prevent or alleviate the damages which would be caused by the disaster.

  Article 20 In order to prevent or alleviate the damages which would be caused by weather related disasters, the local people's governments at various levels shall make plans to carry out scientific experiments and operation activities of modifying the local weather by artificial means, aiming at precipitation enhancement, hails, fog and frost suppression and dispersion. The conditions and expenses necessary for the experiments and operation shall be supplied by the relevant local people's government or the groups which are benefited thereby. The meteorological agencies shall provide technological guidance and meteorological services for the experiments and operation, and, as entrusted by the people's government in the locality, shall be in charge of the work of organization and management.

  Article 21 The local people's governments and the competent departments concerned at various levels shall investigate and verify the condition of weather related disaster within their jurisdiction and report the results to the people's government or the competent department at the higher level.

  Chapter V Meteorological Services and Exploitation of Climate Resources

  Article 22 The meteorological agencies shall, according to the practical needs of users in various fields, provide weather forecast, meteorological data, climate analysis and evaluation and, at their request, provide practical meteorological technology, scientific and technological research achievements, and scientific and technological advice.

  The weather forecast and severe weather warning issued through broadcasting, television, newspaper, telephone, etc., must be the weather information issued at the right moment by the weather stations of various levels subordinated to the competent meteorological agency under the State Council.

  Article 23 The state encourages the rational development, exploitation and protection of climate resources.

  Article 24 The competent meteorological agency under the State Council shall take the whole situation into account and plan and organize a comprehensive survey of the national climate resources and divide them into districts, organize climate monitoring, diagnosis, analysis, evaluation and study in the changes of the climate as well as the application thereof, and publish national climate monitoring bulletins at regular intervals.

  Article 25 The local people's governments at various levels shall, on the basis of the characteristics of local climate resources, define the orientation of exploiting and using the climate resources and the priority of protection.

  The local competent meteorological agencies at various levels shall, according to the plans made by the people's government at the corresponding level, make suggestions to that government and the competent department concerned about the use and protection of climate resources, and the spreading and application of the results, such as the division into districts of climate resources.

  Article 26 The meteorological agencies shall be responsible for the appraisal of the climate feasibility needed by the national economic and social development plans and the city planning.

  The meteorological agencies shall provide meteorological service to large and medium projects, especially the major projects of the state. The meteorological agencies qualified for the assessment of environmental impacts may provide the impact assessment of the atmospheric environment of projects at the request of organizations in charge of construction. Where the meteorological data used by other departments in assessing the impacts of the atmospheric environment are provided by agencies other than the meteorological agencies, such data must be examined and verified by the competent meteorological agencies.

  Chapter VI Supervision and Management

  Article 27 The national unified regulations and standards of meteorological technology, technical specifications of meteorological instruments and equipment, and regulations of departmental metrological verification shall be formulated by the competent meteorological agency under the State Council. The regulations on meteorological technology and the technical specifications of meteorological instruments and equipment used in specialized fields of meteorological services, may be formulated by the competent departments concerned under the State Council.

  All weather stations shall execute the national unified regulations and professional standards on meteorological technology. The competent meteorological agencies shall be responsible for supervising the execution and management of the regulations and standards.

  Article 28 Any organization which carries on weather observations shall be under the supervision of the competent meteorological agency of the relevant province, autonomous region or municipality directly under the central government in respect of its professional quality, meteorological metrology and observation environment, but weather observation done for the purpose of scientific research and teaching are excepted.

  Article 29 The establishment of radio stations to be used in weather observation, telecommunication, weather forecast and severe weather warning must be approved by the radio control authorities. The radio control authorities at various levels shall protect the frequency exclusively used for the meteorological services.

  Article 30 The state shall institute a use license system in respect of the equipment and instruments exclusively used in the field of meteorological technology. Any equipment and instrument, which are subject to control of use license, shall not be used in the meteorological services if they are not licensed for use. Detailed rules shall be formulated by the competent meteorological agency under the State Council.

  Article 31 The metrological verification institution, authorized by the metrological administrative department of the people's government at or above the county level, shall carry out verification of the equipment and instruments exclusively used in the meteorological services at regular intervals, and, within the scope of authorization, complete the verification as scheduled.

  Any measuring instrument, exclusively used in the meteorological services, which is not verified or is unqualified after verification, or the period of verification of which is expired, is prohibited from using.

  Chapter VII Penalties

  Article 32 Whoever commits any of the following acts shall be punished by the public security organ in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security:

  (1) providing false warning and causing disturbances by issuing, without authorization, weather forecast, severe weather warning through mass media or amending the authorized forecast or warning;

  (2) intentionally damaging meteorological instruments, installations or signs but not serious enough for criminal punishment;

  (3) disturbing the working order of weather observation making it impossible to go on normally but not having caused serious losses.

  Article 33 Whoever refuses to issue, or intentionally delays the issuing of, weather forecast or severe weather warning and causes serious consequences, shall be given disciplinary sanction by the agency to which he belongs or by the organ at the higher level.

  Article 34 Where any weather telegram which is transmitted by the post and telecommunication department or by any other department concerned is delayed or made erroneous and the telegram is thereby made ineffective, the matter shall be handled according to the relevant regulations of the state.

  Article 35 Whoever violates the laws and regulations on city planning and constructs buildings near the weather observation site and damages the weather observation environment, shall be punished according to law by the city planning department of the local people's government at or above the county level.

  Article 36 Whoever illegally occupies weather observation sites shall be punished according to land laws and regulations by the department of land administration of the local people's government at or above the county level.

  Article 37 Any staff member of the meteorological agencies who, because of neglect of duty, causes weather forecast or severe weather warning services producing serious mistakes, shall be given disciplinary sanction by the agency to which he belongs or by the organ at the higher level; if the act constitutes a crime, he shall be prosecuted for his criminal responsibility.

  Chapter VIII Supplementary Provisions

  Article 38 For the purposes of these Regulations,

  (1) “weather forecast” means the general terminology for weather forecast, climate prediction and various specialized meteorological forecasts;

  (2) “severe weather warning” means the emergent announcement issued in the form of weather forecast to the public in the areas affected when severe weather of possible serious impacts on national economy and people's livelihood is imminent, such as typhoon, cold spell, strong winds, heavy rain or snow, hail, etc.;

  (3) “observation environment” means the minimum environmental space required for accurately acquiring atmospheric information by means of meteorological instruments free from external interference;

  (4) “public meteorological service” means the meteorological service provided for organizing production, disaster prevention and fighting by the people's government at various levels, for conducting military and national defense experiments and for other special tasks, and the weather forecasts issued to society through mass media such as radio, television and newspapers, etc.; and

  (5) “climate resources” means the climate conditions which can be utilized in men's economic activities such as solar, thermal, hydraulic and wind energy, etc.

  Article 39 The regulations governing the meteorological services in the People's Liberation Army shall be formulated by the military authorities.

  Article 40 These Regulations shall enter into force on the date of promulgation.

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