Trial Measures For The Carbon Emissions Management In Guangdong Province 

Original Language Title: 广东省碳排放管理试行办法 

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399576.shtml

Carbon management pilot scheme in Guangdong Province (December 17, 2013 12th 17 meeting of the people's Government of Guangdong Province on January 15, 2014, 197th promulgated by the people's Government of Guangdong province from March 1, 2014) Chapter I General provisions 

    First to achieve greenhouse gas emission control goals, play the role of market mechanism, regulating carbon emissions management, combined with the facts of the province, these measures are formulated. 

    Article in this province, in the administrative area of information reporting and verification of carbon emissions quota management activities, including the issuance, payment and transaction, these measures shall apply. 

    Article III carbon management should follow the principle of openness, fairness and integrity, combining Government guidance and market operation. 

Article fourth province development and reform Department responsible for the province's carbon management implementation, comprehensive coordination and supervision. 

Around or above municipal people's Government is responsible for guidance and support to the enterprise with carbon management-related work within the same administrative area. 

At the municipal level throughout development and reform Department is responsible for the Organization's corporate carbon emissions reporting and verification work. 

    Provincial economic and information technology, finance, housing and urban-rural construction, transport, statistics, prices, quality, finance and other carbon management and other related sectors in accordance with their respective responsibilities. Fifth to encourage voluntary greenhouse gas emission reduction projects such as developing forest carbon sequestration, guide enterprises to energy saving and carbon reduction measures and units.

    Raise public awareness, promote low carbon energy saving action of the whole society.

    Chapter II carbon reporting and verification 

Sixth article of the carbon emission reporting and verification system. 

Year more than 10,000 tons of carbon dioxide emissions and industrial enterprises, annual emissions of carbon dioxide more than 5,000 tons of hotels, restaurants, financial, Commerce, public agencies and other units for the control of emissions from enterprises and units (hereinafter referred to as control corporations and organizations); year 5,000 tons to 10,000 tons of carbon dioxide emissions of industrial enterprises for enterprises that require reporting (hereinafter report). Transport into the control of enterprises and units in the field standard and scope by the provincial development and reform Department in conjunction with the Transport Department. 

    According to the progress of carbon management in batches into the scope of information reporting and verification. 

Article seventh control enterprises and units, the reporting enterprise should be in accordance with the regulations on the preparation of an annual carbon emissions information report, submitted to the provincial development and reform Department. 

Control enterprises and units shall entrust verification verification of carbon emissions information reports, facilitating verification activities, and bear the costs of verification. 

Information on enterprises and units of carbon emissions reporting and verification of annual carbon emissions identified in the report is 10% or more than 100,000 tons, the provincial development and reform should be reviewed. 

    Provincial, prefecture-level city development and reform on corporate carbon emissions information report on the conduct of inspections, the costs included in the budget at the same level. 

Article eighth bear in the area in the province's carbon emissions information verification business of professional bodies should have the corresponding qualification verification business and business activities carried out in this province has a fixed place and the necessary facilities. 

    Verification of professional services and its staff shall, according to law, to carry out independent and impartial verification of carbon emissions business, on the issue of normative, authenticity, and accuracy of the verification reports, and perform the duty of confidentiality under the law to accept legal responsibility.

    Nineth carbon verification rates by price administrative departments of the province.

    Chapter III quota management Tenth article of the carbon emission quota (hereinafter referred to as quotas) management system. 

    Control enterprises and units, new (including expanded and reconstructed) year project of more than 10,000 tons of carbon dioxide emissions the enterprise (hereinafter referred to as the new project business) into the quota management; other emitters and agreed to by the provincial development and reform Department admission quota management. 

11th total quotas issued in the province by the provincial people's Government in accordance with the overall objectives of countries to slash their greenhouse gas emissions, combined with the provincial industry development planning and controlling the energy consumption targets to be determined and announced to the public on a regular basis. 

    Total amount of quota issued by control the enterprise and unit quota plus the reserve, and reserve includes new project business quotas and market quotas. 

12th province development and reform commissions should be established to the provincial quota allocations scheme clear quota allocation principles, methods, and processes matters relating to quota allocation Review Committee review, and approval of the provincial government will be announced. 

    Quota allocation Assessment Committee by the provincial development and reform commissions and provincial departments in charge of industry, technology, economy and low-carbon, energy experts, representatives of industry associations, enterprises, experts shall not be less than the total number of members of two-thirds. 

    13th annual quota is control of enterprises and units, according to industry benchmarks by the provincial development and reform Department levels of emission levels, emission reduction potential and business history, the baseline method, historical method to determine. 

Article 14th control enterprises and units issued quotas of some free and some paid, and gradually reduce the free quota ratio. 

    July 1 of each year, under control by the provincial development and reform Department enterprise units and quotas for a certain percentage of the total, issuance of annual quotas for free. 

    15th control merger of enterprises and units, their quotas and the corresponding rights and obligations by the merging companies enjoy and bear control separation of enterprises and organizations, quotas spin-off programmes should be developed and submitted in a timely manner, the municipal development and reform Department. 

    16th due to changes in production, operation and service projects, maintenance or for other reasons, such as suspend, significant changes in the production and management control of enterprises and organizations, quotas shall be submitted to the provincial development and reform to change application materials again approved quota. 

    Article 17th control corporations and organizations cancelled, stopped production or move out of the province, should be completed shut down procedures within 1 month before they move out or submitted information on carbon reporting and verification reports, and submitted as required by the quota. 18th June 20 each year, control on enterprises and work units should be based on actual emissions, meet quotas and payment and cancellation by the provincial development and reform Department. 

    Annual surplus quotas to be used in the subsequent year, can also be used for CAP and trade. Article 19th control enterprises and organizations can use the China certification of voluntary emissions reductions as payment of quotas to offset the actual carbon emissions. 

But the China certification to pay voluntary emission reductions, shall not exceed the actual carbon emissions for the last year of the Enterprise 10%, and 70% of them should be a voluntary greenhouse gas emission reduction projects in the province. 

Control enterprises and units in the emissions produced within the boundaries of national certification of voluntary emissions reductions shall not be used for offsetting carbon emissions control of enterprises and units in the province. 

    1 ton of carbon dioxide equivalent Chinese certification of voluntary emissions offset 1 tonne of carbon emissions. 20th quotas for the new construction project enterprise by the provincial development and reform, development and reform, according to the level approved by the Department audit of carbon emissions assessment results. 

    New project after the quota for purchases paid in full and in accordance with the requirements of enterprises in order to get free quota. 21st provincial development and reform bidding, the platforms identified in provincial grant paid a yearly quota. 

Auction price determined by the provincial development and reform authorities and the competent authorities. 

    Bidding quota issued, existing control by enterprises and units, create a new project consisting of paid to grant a quota and quota of market regulation. 22nd article of the registration administration of provincial quotas.

    Quota allocation, changes and clearing up, cancel such registration shall be registered according to law in the quota system, and take effect from the date of registration.

    Fourth chapter-trade management 23rd provincial quota trading system. 

    Trade subject to control enterprises and units, create a new project, in conformity with the provisions of other organizations and individuals. Article 24th trading platforms specified for the provincial government's carbon exchange (hereinafter Exchange).

Exchange shall fulfill the following duties: 

(A) the establishment of trading rules. 

(B) to provide trading venues, facilities and services, organizing exchange activities. 

(C) establish a settlement system, settlement, clearing and financial supervision according to law. 

(D) establishing a trade information management system, disclosure of the trading market, prices, trading volumes and other information and disclose related information may result in significant changes in the market in a timely manner. 

(E) to set up a risk management system, risk control and monitoring of trading activities management. 

(Vi) other duties stipulated by laws and regulations. 

    Trade rules should be submitted to the provincial development and reform, the provincial financial Department published after review. 

    25th CAP and trade to adopt public bidding, transfer agreements, national laws and regulations, standards and regulations allow. 

    Article 26th quota trading prices are determined by the trading participants in accordance with market supply and demand, no unit or individual shall not be fraudulent, collusion, or otherwise manipulating trading prices. 27th trading participant must pay a transaction fee in accordance with the regulations. 

    Transaction fee charges proposed by the Exchange, submitted to the provincial Department in charge of price after approval by the Executive.

    28th article of the province establish cross-regional carbon emissions trading market, encouraged other regional enterprises involved in carbon emission rights trading in the province.

    Supervision and administration of the fifth chapter 

29th provincial development and reform authorities should regularly through the Government Web site announced to the public or news media control enterprises and units, reporting the performance of this approach. 

    Provincial development and reform authorities should check with the public institutions, and strengthen the supervision and management of verification and verification. 30th article of the province establish a corporate carbon reporting and verification system and carbon emissions quota trading system. 

    Control enterprises and units, the reporting enterprise should be in accordance with the requirements in the appropriate systems to open accounts and submit the relevant data. 31st and control enterprise unit of actual carbon footprint approved, quota allocations and other objects may have to the provincial development and reform commissions drew attention to the review. 

    Of objections to the actual carbon footprint approved, the provincial development and Reform Commission Department shall entrust the verification agency review; objects to the quota allocation, the provincial development and reform authorities should verify, and written replies in the 20th. 
Article 32nd province development and reform authorities should establish control enterprises and units, verification bodies and exchange credit files, records in a timely manner, integration, release carbon emissions management and transaction-related information.

    33rd article under the same conditions, support has been the responsibility of enterprises declared national priorities to support low-carbon development, energy conservation, renewable energy development, circular economy development funds in the areas of project, priority finance low-carbon development, energy saving and emission reduction, recycling economy development on special funds enabling. 

    34th to encourage financial institutions to explore carbon emissions trading products and financing services for inclusion in quota management unit and carbon reduction project-related financing.

    Article 35th quotas paid distribution of income, the implementation of two lines of income and expenditure, included in the financial management.

    The sixth chapter legal liability

Article 36th disobey article seventh, control enterprises and units, report any of the following acts, ordered by the provincial development and reform Department corrections; fails to mend, and a fine: 

(A) making false statements on or concealing, or refuse to comply with carbon emission reporting obligations, fines of between 10,000 yuan and 30,000 yuan. 

    (B) impede verification agency on-site verification, refuse to comply with the requirements to submit relevant evidence, a fine of between 10,000 yuan and 30,000 yuan in serious cases, 50,000 yuan fine. 

    37th disobey article 18th, is not paid in full quotas of enterprises, carried out by the provincial development and reform Department in charge shall command payment obligations; refusing to fulfil payment obligations, deducting the part not paid in full in the next annual quotas twice times the quota, and a fine of 50,000 yuan.

Article 38th exchange of any of the following acts, by the provincial development and reform Department ordered corrective action and penalty of between 50,000 yuan and 10,000 Yuan:

(A) is not in accordance with the required transaction information; 

    (B) the failure to establish and implement a risk management system.

39th verification of professional bodies in violation of this article eighth paragraph, any of the following circumstances, by the provincial development and reform a rectification, and fined a maximum of between 50,000 yuan and 30,000 Yuan:

(A) issues a false, false verification reports; 

    (B) unauthorized use or publish the verification unit and carbon emission of trade secrets information.

40th article development and reform commissions, relevant departments and their staff, in violation of these rules, any of the following acts, and monitored by the competent department or Office ordered corrective action and informed criticism; the circumstances are serious, the persons in charge and other personnel, disciplined by the appointment and removal or administrative permissions for the monitoring authorities; a suspected crime, transferred to judicial organs for criminal liability:

(A) in the allocation of quotas, carbon emissions verification, validation, verification of carbon emissions management work, seek illegitimate interests;

(B) to find violations not corrective, investigated and dealt with according to law;

(C) illegal disclosure of confidential information associated with CAP and trade, causing serious effects;

    (D) abuse of power, dereliction of duty or engages in illegal activities.

    The seventh chapter by-laws 

    41st Enterprise carbon emission report verification, allocation of quotas, financial services and other specified by the provincial development and reform pursuant to these measures, financial departments separately.

42nd the following terms shall have the meanings herein: (A) carbon dioxide emissions, means that the Government assigned to the enterprise for production and business measurement of carbon dioxide emissions. 

1 ton quota equals 1 tonne of carbon dioxide emissions. 

(B) new entry quotas, refers to the development and reform according to the new project approved new projects after the completion of the carbon emissions assessment report estimated annual carbon emissions, and accordingly issued quotas.

(C) the quota of market regulation, refers to the Government response to the carbon market fluctuations and changes in the economic situation, for regulating the carbon market, reserving some of the carbon dioxide emissions, the number and units of the total quota for an existing control Enterprise 5%. 

    (D) certified voluntary emission reductions, China refers to the national development and Reform Commission in accordance with the interim measures on the administration of voluntary greenhouse gas emission reduction trading record of voluntary greenhouse gas emission reduction projects generate CERs. 43rd article of the rules take effect on March 1, 2014.