Administrative Provisions On Emission Trading In Chengdu

Original Language Title: 成都市排污权交易管理规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201209/20120900376467.shtml

Administrative provisions on emission trading in Chengdu

    (May 25, 2012, Chengdu municipal people's Government, the 111th meeting consideration by Chengdu municipal people's Government, on June 13, 2012 announced as of August 1, 2012, 175th) Chapter I General provisions

    The first (objective basis)

    In order to regulate emissions trading activities to optimize the allocation of environmental resources, strengthen the total emissions of major pollutants, promote regional environmental quality improvement, according to the People's Republic of China environmental protection law and other laws and regulations, Chengdu practice, these provisions are formulated.

    Article II (scope of application)

    Heavy pollution emissions of industrial enterprises within the administrative area of the city of emissions trading and related supervision, these provisions apply; other firms of emission trading and related regulatory provisions should be progressively integrated into the application.

    Otherwise provided for by laws, rules and regulations, from its provisions.

    Article III (fundamental principles)

    Emissions trading should follow the volume control, step by step, focus on floor trading, voluntary principles of legality, fairness and efficiency.

    Fourth (umbrella term)

    In these provisions, the following terms mean:

    (A) "heavy pollution emissions of industrial enterprises" (hereinafter referred to as sewage), refers to the thermal power, steel, cement, electroplating, coal, metallurgy, building materials, mining, chemical, petrochemical, pharmaceutical, light (brewing, paper, fermentation), printing and dyeing, leather and other enterprises discharge of major pollutants.

    (B) "emissions" refers to units according to national or local standards and the requirements for total quantity control of pollutants, pollution permits within the approved emissions directly or indirectly the right to discharge pollutants into the environment.

    (C) "emission trading", refers to the regional environment capacity or pollutant emission control targets under the premise of trading body in order to improve the environmental efficiency of resource allocation within the environmental agency transfer or transfers of emissions targets.

    (D) "emission indicator" refers to units legally harvested sulphur dioxide (SO2), nitrogen oxides (NOX), chemical oxygen demand (COD), ammoniacal nitrogen (NH3-N) total emissions of major pollutants, such as index.

    The fifth section (Administration Division)

    Municipal environmental protection Administrative Department is responsible for establishing emission indexes dynamic management information system of this municipality, supervision and management of the emissions trading and emission indicators reserve, sell, repurchase and recovery, coordinating related issues.

    City development and reform, economic and information technology, finance, auditing, institutional development, financial sector in accordance with their respective responsibilities, work well done according to law related to emissions trading.

    The district (City) and County (including the high-tech zone management committee, hereinafter referred to as districts (City) County) is responsible for the units involved in the emissions trading within their respective jurisdictions to implement supervision and administration, assist in emissions trading-related work.

    The sixth section (reserve management centre duties) City people's Government established Administrative Department of environmental protection and management, emission trading, Chengdu reserve management centre (hereinafter referred to as municipal reserve management centre).

    City, emission targets, reserve management centre is responsible for the technical accounting, technical support of major pollutants pollution permits, commissioned by the municipal people's Government, emissions targets, this reserve, sell, buy-back, recovery and other related work. Seventh (trading agency responsibilities) municipal people's Government authorizes the city Finance Department choice environmental institutions, as a United emissions trading platform in this city, the district (City) County is no longer a separate emissions trading platform.

    Environmental Agency is responsible for establishing trading rules in the field, according to the relevant transactions within the field of practice for organizations, provided for emission trading places, facilities, information and settlement services.

    Chapter II administration of emission targets

    Eighth (source of indicators)

    Emission targets from the following:

    (A) units of paid access to emission targets, closed because of production, or by adjusting the industrial structure, improve production technology, implementation depth control and emission indicators for approval by the Administrative Department of environmental protection;

    (B) free emission targets units that closed because of production, or by adjusting the industrial structure, improve production technology, depth of implementation of governance produced and approved by the Administrative Department of environmental protection, such as validation and emission indicators for recovery;

    (C) the municipal and district (City) County people's Government under total State control plans and local environmental quality of emission that is reserved to market indicators;

    (D) the investment paid access to emission targets of emission reduction projects or Government investment in emission reduction projects savings of emission targets;

    (E) reserve management centre in accordance with the provisions of article 11th or 12th, compulsory repurchase or unpaid back emissions targets;

    (F) the laws, regulations and other regulations emissions targets.

    Nineth (index access) Units new construction, expansion, renovation project the emission data shall be in accordance with the environmental impact assessment before approving the approved emissions trading in environmental agencies through field gets and district (City) County Department of environmental protection Administration confirmed the discharge permit, valid for use for a period of five years, expires after the purchase.

    Emission targets is valid from the date on which the completed project is expected; completed ahead of the project, since the date on which the completed ahead of.

    Units for free emission rights indicators shall gradually implement paid access, and by the district (City) County Department of environmental protection Administration confirmed the discharge permit, valid for use for a period of five years, expires after the purchase.

    Tenth (index)

    Enterprises and reorganization, restructuring, separation, merger, and not related to emission changes, its original emissions targets continue to be effective; relates to emission changes shall be subject to re-approval by the Administrative Department of environmental protection.

    11th (index);

    After purchasing the emission targets, units of any of the following circumstances, reserve management centre shall, in accordance with their year of purchase price of emissions targets to sell the Government guidance prices forced to buy back its remaining emissions targets and issue a receipt, responsible for environmental protection departments shall change or cancellation of the permit:

    (A) unless due to force majeure, or national policy, readjustment of the industrial structure caused emissions index are temporarily unavailable or scheduled according to the volume of use, units caused by their own emission targets for two consecutive years is idle or using inadequate emission targets for two consecutive years 80%;

    (B) move out of the Administration;

    (C) other circumstances as stipulated by laws, rules and regulations.

    12th (index recovered)

    Units in any of the following circumstances, reserve management centre shall be free to withdraw its remaining emission targets or defraud, responsible for environmental protection departments shall cancel its permit:

    (A) free emissions target and move out of the Administration;

    (B) is ordered to close down or banned according to law; (c) fraud, obtaining emission targets;

    (D) other circumstances as stipulated by laws, rules and regulations.

    Chapter III emission trading

    13th (subject)

    In sewage right trading in the, City Government is this city sewage right index reserves, and transfer, and repo and recovered of subject, delegate city reserves Management Center specific is responsible for sewage right index of reserves, and transfer, and repo and recovered; by city environmental protection administrative competent sector approved into environment trading institutions transfer sewage right index of sewage units is transfer party; by city environmental protection administrative competent sector approved into environment trading institutions by let sewage right index of sewage units is by let party. 14th (trading) emissions trading through Internet auction, electronic bidding method of public bidding.

    Only through public bidding to collect the intention to an eligible transferee of emissions trading, can be traded by the environmental organization has entered in list prices.

    15th (traded) Emission targets to sell government guidance prices, transfer prices are market-regulated prices.

    Emission target transfer pricing guidance pricing standards and emission trading service fees in accordance with the Municipal Department in charge of price development or adjustment of standards.

    16th (transaction program)

    Emissions trading in accordance with the following procedures:

    (A) emission trading of transferor or buy back the direction issued by the environmental agency to sell or buy back the delegate, the assigning party or subject to an application for the environmental agency and to provide relevant information;

    (B) environmental agencies according to entrust or transfer request publicly available transaction information, and in accordance with article 14th open intention of the transferee;

    (C) environmental agencies according to the intention to open the transferee in accordance with emission trading transactions within the field of practice for organizations, determine the transferee;

    (D) emission targets, Chengdu, transactions between the contract or the emissions targets of the contract of assignment, Chengdu city, and complying with the provisions to margin, transaction cost and transaction service charge settlement;

    (E) environmental agencies emission trading certificates, issued by the Chengdu city;

    (F) parties to the transaction with the certificate of emission trading in Chengdu area (City) County Department of environmental protection administration to handle emissions targets cutting procedures.

    17th (contract)

    Emission targets, the Chengdu city contract and the Chengdu municipal sewage of the indicators on the right to transfer the contract shall include, but not limited to the following:

    (A) the name, address and official representative of the parties;

    (B) the type, quantity and cost of trading emission rights indicators;

    (C) trading, time, price and method of payment;

    (D) the manner, time and place of delivery;

    (E) performance standards for final value fees and method of payment;

    (F) breach of contract and dispute resolution.

    18th (limit)

    Units in any of the following circumstances, emissions trading should not be conducted before the renovation is complete:

    (A) bad credit is listed as environmental protection;

    (B) be listed environmental protection supervision;

    (C) is in the sources during the prescribed period;

    (D) regional limited batch;

    (E) other circumstances as stipulated by laws, rules and regulations.

    Water chemical oxygen demand and ammonia nitrogen indices of environmental quality standard or air quality indexes do not meet the regional sulphur dioxide, nitrogen oxides, units can only be traded emission targets within the region shall not be traded across the region.

    19th (information disclosure)

    Emissions trading is completed, environmental institutions should promptly to the public auction, trading and emission indicators assignment and transfer, public notice period of not less than 15th.

    20th (obligations)

    Emission trading is completed, the transferor and the transferee of sulphur dioxide, nitrogen oxides, chemical oxygen demand and ammonia nitrogen indices emissions emissions shall conform to the national or local standards, control the total discharge of major pollutants and regional environmental quality requirements.

    Units obtained through emissions trading emissions indicators, not from its other legal obligations should be.

    Supervision and administration of the fourth chapter

    21st (management) Emission indicators transfer revenue government non-tax revenue, using the notes produced by the provincial financial Department, included in the budget, the implementation of "two lines of income and expenditure" management.

    Transfer revenue earmarked for sewage emission indicators indicators on the right to buy back, the emission trading system and the regional pollution control and audit oversight.

    Emission indicators transfer of income derived from the transfer of all, in accordance with the transfer of emission trading managed funds settlement regulations.

    22nd (installing monitoring instruments)

    Units belonging to participate in emissions trading by country, Sichuan province and Chengdu city, the relevant provisions should be installed automatic monitoring instrument of the main pollutants, automatic monitoring instruments must be installed in accordance with the relevant provisions of the main pollutants, and ensuring that related data is true and valid.

    23rd (annual report) Gets a indicators of pollution discharge units according to law should be incorporated into the scope of emission Declaration, approved and implemented.

    January 10 of each year, these units shall be to the region (City) County Department of environmental protection Administration reported total annual emissions of the main pollutants, truthful accounting on annual actual emissions of the main pollutants, and has a number of indicators of pollution compared with estimates.

    24th (technical approval) By January 31 of each year, municipal reserve management centre should be combined with online monitoring data submitted annual total emissions of major pollutants and sewage units report annual emissions of the main pollutants in the units and technology approved the implementation of emissions trading, and approved opinions provided to the district (municipal), County Administrative Department of environmental protection.

    The pollutant discharging unit shall keep all kinds of information, for examination.

    25th (supervision)

    Emission indicators for public sale have the right to know, right to voice complaints or to report emissions management and emission of trade violations.

    News media shall strengthen the emission target management and emission trading violations in public opinion, exposing major violations in a timely manner.

    The fifth chapter legal liability

    26th (excess emissions legal responsibilities)

    Units exceed the emissions of major pollutants emissions indicators by the municipal or district (City) County Department of environmental protection administration in accordance with the permission to order time limit; fails to complete the treatment, be dealt with according to law.

    27th (parties liability) the transferor or transferee of tradable emission permits in the following circumstances, the municipal or district (City) County Department of environmental protection administration rectification; refuses, fines of between 10,000 yuan and 30,000 yuan, not participate in emission trading in the city in three years constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) fraud, obtaining emission targets;

    (B) environmental agencies emission trading;

    (C) harm national interests and public interests or the legitimate rights and interests of others;

    (D) other circumstances as stipulated by laws, rules and regulations.

    28th (other offences)

    Other acts in violation of these provisions, laws, rules and regulations have been provided, from its provisions caused property damage, he shall bear civil liability constitutes a crime, criminal responsibility shall be investigated according to law.

    29th (accountability)

    Administrative organs and their staff in violation of the provisions of, abuse of power, negligence, malpractice, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

    30th (execution date) These provisions come into force on August 1, 2012.