Interim Measures For The Carbon Emissions Management And Trading In Hubei Province

Original Language Title: 湖北省碳排放权管理和交易暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399563.shtml

Interim measures for the carbon emissions management and trading in Hubei Province

    (March 17, 2014, Hubei provincial people's Government Executive meeting April 4, 2014, Hubei provincial people's Government announced order No. 371, come into effect on June 1, 2014) Chapter I General provisions

    First in order to strengthen the construction of carbon emissions trading market, regulate the carbon emissions management, effective control of greenhouse gas emissions, promote the construction of resource-saving and environment-friendly society, according to the relevant laws and regulations and national regulations, combined with the facts of the province, these measures are formulated.

    Second approach applies to carbon emission management in the administrative areas of the province and its trading activities. Article under the control of the province's total carbon emissions-carbon emissions trading.

    Carbon emissions management and trade openness, fairness, impartiality and good faith.

Fourth provincial development and Reform Commission is the province's carbon emissions management authorities (hereinafter "the Department"), is responsible for emissions control, quota management, trading, emissions reporting and verification of general coordination, implementation and monitoring of management.

    Economic and information technology, finance, investment, statistics, prices, quality, finance and other relevant departments perform related duties within its competence.

Fifth, in accordance with the relevant provisions of the national and provincial, on annual energy consumption within the administrative area of the province 60,000 tons of industrial enterprises and above, carbon emission quota management.

    Into carbon emission quota management enterprises shall, in accordance with the approach set out in carbon emission control obligations, participation in carbon emissions trading.

    The sixth carbon emission trading institution established by the provincial government.

    Seventh third-party verification mechanism is the corporate carbon emissions check, review Corporation, by the competent authorities to implement records management.

    Eighth supervisory departments to establish carbon emission registration system for managing carbon emissions quota for the issuance, holding, changes, payment, cancellation and certified voluntary emission reductions, China (CCER) entry, and publish information on a regular basis.

    Nineth engages in carbon management and trading activities of departments, agencies and personnel, on the subject of carbon emissions trading, commercial and technological secrets confidential. Tenth people's Governments above the county level shall strengthen leadership on reducing carbon emissions.

    Competent authorities should carry out extensive publicity about carbon emissions management training and education, to seriously consider and adopt enterprise carbon management and trading of reasonable comments, suggestions, and periodic evaluation of carbon emission management.

    Chapter II administration of carbon emission quota allocation and

11th in binding carbon emissions target range, the competent authorities according to the province's economic growth and industrial structure optimization factors set annual carbon dioxide emissions total, carbon emission quota allocation, and reported to the provincial government approval.

    Initial total annual carbon emissions carbon emissions quotas quotas, manufacturers new reservation quotas and quotas reserved. 12th authorities shall set the annual carbon dioxide emissions total, in the drafting process to cut carbon emissions quotas assigned, should listen to views of the relevant bodies, enterprises, experts and the public.

    Feasibility study meeting, hearing listening can take many forms.

    Last work before 13th June each year, approved by the competent authorities according to factors such as historical emission levels of initial annual carbon emissions quota, shall be granted through registration system.

    14th enterprise added reserved quotas for major new capacity and production changes for enterprises. 15th Government quotas are generally not more than 10% of the total carbon dioxide emissions, mainly for market regulation and price discovery.

Among them, does not exceed quota reserved for price discovery of the 30%.

    Method of price discovery through public bidding, auction proceeds to support carbon reduction, carbon markets, carbon trading market and so on.

    Initial 16th annual carbon emissions quotas and manufacturers new reserved quotas for free distribution and allocation separately. 17th due to changes in facilities, merger, Division and yield changes in factors such as emissions differ by more than 20% or initial and annual carbon emissions quotas of more than 200,000 tons of carbon dioxide, should be reported to the competent authorities.

    Authorities their carbon emission quotas should be again.

18th while Chinese certification meets the following conditions voluntary emission reductions (CCER) can be used to offset business carbon footprint:

(A) generated in the administrative regions of the province;

(B) incorporating carbon emission quota management of enterprise organization outside the boundary of the range.

    When used to pay offset ratio does not exceed the initial quota of annual carbon emissions by 10%, a ton of Chinese certification of voluntary emissions reductions equivalent to one tonne of carbon dioxide emissions.

    19th annual May last a few days ago, enterprises shall pay to the competent authorities and actual emissions equal to the previous year the number of quotas and (or) certification of China voluntary emission reductions (CCER).

    20th last working day in June each year, the competent authorities in the registration system will enterprise pay quotas, China certified voluntary emission reductions (CCER), remaining quota not transactions and the remaining quota to be cancelled.

    Last working day the 21st July each year, the competent authorities shall publish Enterprise quota payment information.

    22nd Enterprise carbon emission quota allocation, offset or cancellation of objection has the right to apply for a review to the competent authority, the competent authority shall reply within 20 working days.

    Chapter III carbon emissions trading

    23rd carbon emissions trading including carbon emission quota management of enterprises, voluntary carbon emission trading activities of corporate bodies, other organizations and individuals.

24th carbon emissions trading market trades including carbon emission quotas and Chinese certification of voluntary emissions reductions (CCER).

    Encouraged to explore innovative carbon emissions trading related products.

    25th carbon emissions trading should be specified through public bidding, market transactions.

    26th trade institutions should develop trade rules, clear trading rights and obligations of participants, trade procedures, trading, information disclosure, and dispute resolution matters. 27th trading institutions should set up a system.

    Trading participant must apply to the trading bodies, set up trading accounts, compliance with trading rules.

    28th trade participants to carry out trading activities shall pay the transaction fees, and charges approved by the provincial departments.

    29th the competent authorities and the competent authorities to establish a carbon emissions trading market risk control mechanism, avoiding price fluctuations and a systemic market risk.

    30th is forbidden by manipulating the supply and publication of false information to disrupt the carbon emissions trading market.

    31st Department organize trans-regional carbon emissions trading rules, criteria, methods of research, to explore the establishment of trans-regional carbon emissions trading market.

    The fourth chapter, emissions monitoring, reporting and verification

32nd into carbon emission quota management of enterprises should be developed for the next annual carbon emissions monitoring plans, clear monitoring, frequency, and responsibility, and last work recently submitted to the authorities in September each year. Enterprises should be strictly in accordance with the monitoring plan implementation monitoring.

    Monitoring plans are changed, shall promptly report to the competent authorities.

    33rd annual last work before February, incorporating carbon emission quota management on an enterprise shall submit to the competent authority an annual emissions report, and responsible for the authenticity and integrity of the reports.

    Article 34th authority delegate to the third party verification mechanism to include carbon emission carbon emissions quota management business for verification.

    35th third party verification body should be independent, objective and just to verify the company annual report on carbon emissions, every year in April the last verification reports submitted to the competent authorities a few days ago, and responsible for the authenticity and integrity of the reports.

Article 36th third party verification bodies shall meet the following requirements:

(A) an independent legal entity and a fixed place of business;

(B) having at least 8 verification of professional and technical personnel;

    (C) verification of greenhouse gas emissions has nearly 3 years work experience in related business.

    37th into carbon emission quota management of enterprises should cooperate with the third party verification mechanism to check and truthfully provide relevant data and information.

    Article 38th authority verification reports submitted by the third party verification mechanism take random review, and will review the results to the selected enterprises.

39th into carbon emission quota management disagrees with the results of the review of the enterprise can be within 5 working days after receiving the review Department to review applications and provide related proof materials.

    Competent authority shall, within 20 working days to verify applications for review and to review conclusions.

    The fifth chapter incentive and constraint mechanism

    40th provincial governments set up special funds for carbon emissions to support corporate carbon emissions, carbon markets, carbon trading market and so on.

    41st departments should give priority to support carbon reduction businesses declared national, provincial energy conservation related projects and policy support.

    42nd to encourage financial institutions to incorporate building the carbon emission quota management of enterprise investment and financing platform, providing Green financial services, support enterprises to develop carbon-reduction technology research and development and innovation, exploring carbon credit financial products such as mortgages and pledges, realize the win-win between banks and enterprises. Article 43rd blacklist system of carbon emissions.

    Authorities failed to meet quotas and payment obligations of enterprises into the related credit histories in the province through Government Web sites and the media to the public.

44th failed to meet quotas and payment obligations of enterprises are State-owned enterprises, the competent authorities shall inform the respective State regulators.

    State regulators should carbon emission reduction and the implementation of these measures into the performance evaluation system of State-owned enterprises.

    45th article does not fulfil the quota payment obligations of enterprise, development and reform authorities at all levels shall not handle declarations on national and provincial energy saving and emission reduction projects.

    The sixth chapter legal liability

    Article 46th enterprises that violate the provisions of article 19th, by the competent authority in accordance with annual carbon emissions quota market prices, 1 time for the difference more than 3 times the following, but not more than 150,000 yuan fine, and be double deduction in quota allocation in the coming year.

    47th company violates these measures set forth in 32nd and 33rd, authorities warned, the deadline to fulfil their reporting obligations, and may be fined not more than 10,000 yuan and 30,000 yuan. 48th enterprise in violation of these regulations the 37th article, cannot be effectively verifiable, authorities warn, deadlines for verification.

    Overdue for verification of its quotas for next year approved by the quota by half of the previous year. 49th carbon emissions trading, trading for breaches of the provisions of article 30th, authorities warned.

    Has illegally obtained, confiscation of illegal gains, and 3 times more than 1 time times times the illegal proceeds, but not more than 150,000 yuan fine; no illegal proceeds, fined 10,000 yuan and 50,000 yuan fine. 50th third party verification authority violates article 35th of the present measures, authorities warned.

    Their illegal gains, confiscate the illegal income and imposed illegal gains more than 1 time 3 times less, but maximum of 150,000 yuan fine; no illegal proceeds, more than 10,000 yuan to 50,000 yuan fine.

    51st authorities, relevant administrative organs and their staff, in carbon emission management in the process of dereliction of duty, abuse of authority or engages, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws

52nd carbon emissions in these measures refers to fossil fuel combustion, industrial process carbon dioxide emissions.

Carbon emission rights refers to the premise of meeting the emissions control, enterprises in the process of production and management, directly or indirectly, the right to emit carbon dioxide into the atmosphere.

    Called carbon emissions trading refers to trading carbon emissions trading principal is specified in the Agency, on the basis of carbon emission carbon emissions made by quotas and certified voluntary emission reductions, China (CCER) of public trading.

    53rd Chinese voluntary emission reductions are certified in accordance with the interim measures on the administration of voluntary greenhouse gas emission reduction trading project emission reductions achieved by the unit "tonne of carbon dioxide equivalent" (tCO2e).

    54th price discovery in these measures refers to initial stage of authorities in the transaction to release a certain amount of carbon dioxide emissions, forming the initial trading price, aimed at providing market prices.

    55th organizational boundaries in these measures refers to ownership or control over the production and business scope of the enterprise. 56th article of the rules take effect on June 1, 2014.